Will admissibility
srinivasarao
(Querist) 26 December 2015
This query is : Resolved
my father,myself & sister had registered partition of our inherited Agricultural land.with my mother consent, mother (inhertied from her parents) share was given to sister & sister enjoying since 25 yrs.(both my share & my father's share are inhertied from fathers parents)... after that my father self acquired some lands... he executed registered Will that all his properties to be enjoyed by mother(she shouldn't sell & to be handed over by my son after demise of my mother )..
now my father is expired , will my sister has any claim over my father's properties...please clarify...
Guest
(Expert) 26 December 2015
when a will is made the property mentioned/bequeathed devolves on the legatee.No one has any claim on self acquired property otherwise than a valid Will to that effect. If no Will is there then property goes as per arrangements given in respetve succession act
Advocate Bhartesh goyal
(Expert) 26 December 2015
When the self acquired property of your father has been bequeathed by him to you through a will then no one has any claim or right over the same property.
H.M.Patnaik
(Expert) 26 December 2015
Advice given above is quite clear and meets your query.
srinivasarao
(Querist) 26 December 2015
Sir, my doubt is cleared regarding self acquired property of my father. Please clarify on ancestral property as my father mentioned in WILL.my sister also was party in partition deed regarding ancestral property..
srinivasarao
(Querist) 26 December 2015
Sir, my doubt is cleared regarding self acquired property of my father. Please clarify on ancestral property as my father mentioned in WILL.my sister also was party in partition deed regarding ancestral property..
Kumar Doab
(Expert) 26 December 2015
The property that has been settled by partition deed is no more available.
If WILL bequeaths such property then that part is not valid.
You may show all docs to an able counsel.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 26 December 2015
1) property made by will will go to to beneficiary if it self acquired
2) other properties will have equally shared
Rajendra K Goyal
(Expert) 27 December 2015
Agree with the expert Advocate Bhartesh goyal.
For ancestral property, documents has to be referred . whether the property is in the definition of ancestral property. Date of death of father is to be mentioned.
srinivasarao
(Querist) 27 December 2015
Sir,date of birth of my father is 1945.land was acquired by father's father.in 1991 we had registered partition among family (fathers ancestral land & mothers land gifted by her father) among my father, sister & myself. In that deed my father & my father shared father's ancestral land & my sister got mothers land... My father wrote WILL that his share of ancestral land got through Registered Partition to be handed over by mother after his death.Now my father expired one year ago & my query is my sister will have any claim over father share...please elaborate sir's
srinivasarao
(Querist) 27 December 2015
Sir,date of birth of my father is 1945.land was acquired by father's father.in 1991 we had registered partition among family (fathers ancestral land & mothers land gifted by her father) among my father, sister & myself. In that deed my father & my father shared father's ancestral land & my sister got mothers land... My father wrote WILL that his share of ancestral land got through Registered Partition to be handed over by mother after his death.Now my father expired one year ago & my query is my sister will have any claim over father share...please elaborate sir's
SAINATH DEVALLA
(Expert) 27 December 2015
Women born 2005 have an equal share in the ancestral property inherited by father but not in the self acquired property of the father,if a will is made for that extent.The original Hindu succession Act 1956,didn't mention equal rights in ancestral property,but the amendment in 2005,bestows equal right to them.
Kumar Doab
(Expert) 27 December 2015
As per the posts apparently the successors and more so sister in question have partitioned the property and deed is registered.
The deed that you have mentioned may be a family settlement deed and you may show it to the local lawyer specializing in family/property/revenue/civil matters and your able counsel shall advise you after examining the docs on record.
