Declearation by will

TEJ SINGH (Querist) 02 June 2014 This query is : Resolved
A person executed a will deed of his agricultural land and died after 15 days which he got from his ancestors in favour of his two sons and nothing had given to his third son who is alcoholic but third son has a wife and 13 years child ,can wife and son of third son claim their right in property and most important the third son was witness in will deed

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V R SHROFF (Expert) 02 June 2014
third son has a wife and 13 years child ,THEY CAN claim their right in ANCESTRAL property

Devajyoti Barman (Expert) 02 June 2014
Yes, third son has right in it and to enforce his share he can file suit for partition.

Laxmi Kant Joshi (Expert) 02 June 2014
if he before his death had registered his will in the sub registrar office or if he had not registered it but attested it by two witnesses and he himself sign. in the will then it is a valid will and the wife and son of 3rd son of the testator can not claim any right in the property.

Guest (Expert) 02 June 2014
Since the property is ancestral and all the three sons are major the property should be divided in to 4 equal shares that is father and 3 sons.The will executed by father would entitle the two sons in whose favour the will was executed to share 1/4th of the share of his father only.So the third son is entitled for 1/4th share of the total property and 3/4th of the share to be equally shared by other two sons.The will executed by father can not deny the 1/4th Rights of the third son and since he is no more his legal heirs would be entitled for the same.Approach a Local Advocate

R.K Nanda (Expert) 02 June 2014
agree with experts.

Guest (Expert) 02 June 2014
Depends upon to which generation of ancester the Ancestral property belonged and inherited from?

Rajendra K Goyal (Expert) 02 June 2014
If it is ancestral property, the third son has right in the property.

Consult a local lawyer and show him all the documents.

Raj Kumar Makkad (Expert) 04 June 2014
Ancestral means ancestral and experts should not derive any other meaning out of the facts provided by the querist.

An ancestral property cannot be disposed off by successor as has been done in the given case and the third son cannot deprived off from his equal share in the ancestral property left by his father hence the will can be got set aside by him seeking the demand of the partition and possession of the joint property. The question of the wife and daughter of the third do not arise at this stage.

Third son shall have to play his own role. Will shall not prevail as per Hindu Succession act and it shall have to be set aside.

Guest (Expert) 05 June 2014
Thanks to Mr.Rajkumar Makkad for Promptly pointing out the Mistake.I had Wrongly assumed that Third son is also No More.Now the Third son Him self have to go for Legal Procedures to Safe Guard his interest and not the Legal Heirs of him.