Legal opinion

Querist : Anonymous (Querist) 27 August 2020 This query is : Resolved
Hello Lawyers,

My Grandfather has some ancestral property.

In 2006, My Grandfather made a will and distributed the property in the name of all son except my Father.

In 2007, My Father came to know about this and he met a lawyer, lawyers gave him wrong advice and told him to file " SUIT FOR DECLARATION AND PERMANENT INJUNCTION"

In 2010, The suit got dismissed with reason " MERE SUIT FOR DECLARATION IS NOT MAINTAINABLE"
In 2012, The appeal got dismissed

Then MY FATHER left the case and didn't appeal further.

My question is:

After the death of my Grandfather when the property gets transferred to the next generation, WILL THIS CASE CREATE THE PROBLEM OR MY FATHER WILL GET THE SHARE AS USUAL?
BECAUSE THE JUDGEMENT IS NOT CORRECT.

Please Guide me on What to do in this situation.

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Quick Summary

A grandfather made a will in 2006 excluding one son (the father) from ancestral property. The father's subsequent legal challenge in 2010 was dismissed as 'not maintainable', and an appeal was also dismissed in 2012. The core question is whether this dismissed case will prevent the father from inheriting his share of the ancestral property upon the grandfather's death, especially if the judgment is considered incorrect. Experts generally agree that ancestral property rights are birthrights and cannot be entirely willed away; a grandfather can only bequeath his own share. Therefore, the father and his descendants may still have a claim to a share through a partition suit, despite the previous court rulings, especially if the property is indeed ancestral and the will was invalid regarding his birthright.

Dr J C Vashista (Expert) 28 August 2020
Your father has already contested the suit(s) for years together, what is the opinion and advise of your lawyer ?
Did you or any other family member / interested party seek second opinion of a local lawyer ? If so, what is his / her advise ?
Why do you need opinion and obligation of experts on this platform based on limited facts except the fact it is available FREE OF COST?

Dr J C Vashista (Expert) 28 August 2020
In case either of you (coparcener/ interested in suit property) were minor at the time when your father stopped pursuing his case / appeal, s/he (then minor) with all other stakeholders should file a suit for partition, possession, permanent injunction and mesne profits through a local prudent lawyer.

Shilesh Patel (Expert) 28 August 2020
Incomplete fact., looking at your post i can only understand is that your grandfather made a will and excluded your father, so your father is not entitled to a good title in the property.

P. Venu (Expert) 28 August 2020
How is that the property is ancestral?

Rajendra K Goyal (Expert) 28 August 2020
You said:
After the death of my Grandfather when the property gets transferred to the next generation, WILL THIS CASE CREATE THE PROBLEM OR MY FATHER WILL GET THE SHARE AS USUAL? BECAUSE THE JUDGEMENT IS NOT CORRECT.

Reply:

On ancestral property, your father has a right from birth.

Decision of court can not be wrong, it was not challenged and reversed by superior court. It would be applicable.

J K Agrawal (Expert) 28 August 2020
ancestral property can not be bequeathed by way of will.
The judgment does not effect rights of your father.
Your father as well as you are entitle to property despite to judgment against you.

Message likes : 1 times

Dr J C Vashista (Expert) 28 August 2020
I agree with experts Mr. Rajendra K Goyal and Mr. JK Agrawal and appreciate their acumen.
Your grandfather can not bequeath entire ancestral property. He can execute a will for his share only.

Message likes : 1 times

Isaac Gabriel (Expert) 29 August 2020
Your grandfather's will depriving the rights of your father is null and void as it could.not be done away by.a will since ancestral.So, if there is any difficulty in getting your share you can work out remedy by partion suit with the help of local lawyer.

Message likes : 1 times

Rajendra K Goyal (Expert) 30 August 2020
It would be better to show full case file, all related documents, to some senior local Advocate and discuss in detail. The column has its limitations.

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