VALIDATION OF WILL OF ANCESTRAL PROPERTY
Hardeep Singh
(Querist) 20 August 2009
This query is : Resolved
1) Is there any validity of will?
2) If will is made before 1998 in favour of only brother, the person who made the will expired in Dec 2008. Ancestral property transferred to only brother after the death of father (i.e. Dec 2008). Law in favour of daughters is made in 2005. In this case, can married daughters ask for share in ancestral property at this stage.
R.R. KRISHNAA
(Expert) 20 August 2009
1. There is no specific period for validity of will. The will can be challenged any time.
2. In your case you can challenge the will.
3. If the married daughters disprove the validity or genuineness of the will then they may be eligible for share in the property.
(You have to be more eloborate in facts to get a clear answer.)
sanjeev murthy desai
(Expert) 20 August 2009
Dear Hardeep Sing
There is no prescribed period for validity of Will.
Yes you can challenge the will but its depend upon that what ground under you challenge the will.
Amendment act, 2005 invalidated the rights of married daughters and in your case property already disposed before December 2005. So married daughters clearly dont have the rights in the ancestral property.
sanjeev desai
Adinath@Avinash Patil
(Expert) 21 August 2009
You can challenge validity of will,but it depends upon grounds wich you have.
There is no prescribed limitation validity of will.
Amendment Act 2005,not in favaour of you because will is made before 1998.If you disproved will then daughters may be eligible for their shares.
n.k.sarin
(Expert) 21 August 2009
Mr.Hardeep,My opinion is somthing differ from my above ld friend.No doubt Will can be challenge at any time.
law in favor of daughters is made in 2005,in this case married daughters can claim their share in the ancestral property inspite of will in favor of brother.
Will executed by the father before 2005 comes in existence only after the death of executor, you can say on 2008 at the time of death of father.Before the death of father all that ancestral property vested in the father till death.Hence there is 99% chances of success if doughter fights.
Regarding validity of will you need not to worry. Law is well settled and in favor of innocence,It is the propounder who is under heavy burden to prove the validity and genuineness of the will beyond any doubt and he has also to prove that father has right to execute the same.
Advocate SK Rohilla New Delhi
(Expert) 21 August 2009
Dear friend:
I AM COMPLETLY DISAGREE WITH ALL
1. Will operate on death of testator and remain effective untill and unless it is executed as per will of testator.
2. Will is invalid. No person can make make testamantory sucession of ancestral property. He can do so only for self acquired property.
WILL IS INVALID AND THERE IS NO QUESTION OF GENUINENESS OR FORGED WILL.
Challenge this WILL and file a suit for setting aside the transfer.
Manish Singh
(Expert) 27 August 2009
Dear Mr. Singh & other learned members,
I agree with the opinion of Mr. Desai.
I dont agree with the opinions povided herein above as the same is not in accordance with the Hindu Succession Amendment Act of 2005 or under the Indian Succession ACt.
Firstly, the will is completely valid as the will was made in connection with the property solely owned by the father (except with the condition that father was not having male child and any other leagal heir of the said property at that time). At the time of bequeathing the property under the testament, father was the sole owner (provided he made the will only in respect of his own shares of the ancestral property) of the prperty and he had lawful and absolute rights to bequaeth the property any one he wanted to. the question of validity of the will would not arise.
also subclause c of section 6 of the amendement act provides that if any disposition by way of teatamen has taken place before 20th Dec, 2004, the sae can not be questioned by any female heir. so the will and the disposition under the same is perfectly valid and thus can notbe successfully challenged.
'6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:
Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
