Will contest
naveen
(Querist) 21 January 2014
This query is : Resolved
Person named X has 4 sons .X passed away last year and he has left a will behind. According to the will my friend gets a major share on the property,this property was the ancestral property ,there was a suit in 1997 between 3 sons and person x(My friend was minor then) ,they got into compromise and several properties were divided .My friend had not got any share then.X and his wife had got the property mentioned in the will for life maintenance.Now both X and his wife are passed away. 3 sons are now not happy and they want to contest the will . Can the will be contested and whether my friend will end up in losing side? Please help
V R SHROFF
(Expert) 21 January 2014
WILL is illegal and not binding,
being "According to the will the property,this property was the ancestral property"
Rajendra K Goyal
(Expert) 21 January 2014
Ancestral property is to be divided among all legal heirs, not as per will.
naveen
(Querist) 21 January 2014
The properties were divided among the 3 brothers and their dad in a compromise petition . The said property in will falls for the share of my friends father in the compromise petition.Even after the compromise petition one doesn't have full rights on the property?
Shonee Kapoor
(Expert) 23 January 2014
My Friend,
You have to understand that Ancestral Property has to devolve as per the the classical Hindu Law and not as per the WILL.
Compromise stands as long as none of the beneficiaries challenge the same.
Your friend was a minor and hence can challenge the partition on attaining majority.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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