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IS ANCESTRAL OR SELF-ACQUIRED OR PARTIAL

(Querist) 12 March 2011 This query is : Open 
Sir/Madam,

I am my father's first wife's son.
We are 4 members now in our family = stepmother + 2 sons of first wife + 1 stepmother's son

My father got 4.86 acres of partitioned land from my grandfather(it is self acquired property of my grandfather) in 1971.
My father sold this property in 1971 to buy new land in another village after his marriage in 1973.
He also quoted in above sale deed as "Money gained from sale of this property is used to buy a land in another village".
Sale deed value of this property is Rs.22,800

After that,
He bought 23.5 acres of a new land in another village in 2 deeds of each holding 11.75 acres in same year 1973.
Each deed of new land's 2 deeds say "1/2 equal share in all in common for whole 23.5 acres".
(i.e) 2 owner's shares of new land are in inextricable manner.
1st new land deed value is Rs.24,000
2nd new land deed value is Rs.24,000
------------------------------------
So new land Total value is Rs.48,000

So money spent to use for new land as follows:-

Sold property (4.86 acres) value = Rs.22,800 (partitioned land from my grandfather)
Gold ornaments value of stepmother = Rs. 7,200
Credit admitted by seller = Rs.18,000
---------
New land (23.5 acres) value Rs.48,000

My father sold 5 acres Out of 23.5 acres to repay of credit amount Rs.18,000 in 1975.
He made 4 separate registered Wills for new land in 2008 and he passed away by nature in 2010.
1st Will for stepmother holding 8.75 acres.
2nd Will for first son of first wife holding 3.34 acres.
3rd Will for second son of first wife holding 3.33 acres.
4th Will for son of stepmother holding 3.33 acres.

In this circumstances, My younger brother (first wife's son) has filed a suit in sub court in 2010 end.
He says in his affidavit as:-
New land is an ancestral property,
My father died intestate,
Will is fraud and my father was illegal to write Will for ancestral property,
When Will was written, my father was not in good mental condition.
So new land should be partitioned in 3 shares for 3 sons.
Don't ask any remedy for stepmother.

Now my question is:-
1. Is the new land an acestral property in whole or in partial (considering new land's 2 deed values and extra money used to buy new land)?
2. Is my father illegal to Will this for whole property?
3. If my father was illegal to Will so, what will be the remedy for my stepmother?
4. What will be the sub court's judgement?

Kindly reply me!


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