Will

Querist : Anonymous (Querist) 24 August 2011 This query is : Resolved
My unmarried aunt (father's younger sister) died leaving behind self earned property and other assets to her younger brothers wife. The other brother and my mother are contesting the will saying that the property was paid for by my grandmother amd is ancestral. What are my rights? I am my aunt's deceased elder brother's married daughter. Please help.

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ajay sethi (Expert) 24 August 2011
will has to be proved in court of law . whether will was signed in presence of witness? it has to be proved whether ancestral or self acquired . suit may take number of years to be disposed of as will is being challenged

R.Ramachandran (Expert) 24 August 2011
The property in the hands of the female hindu can never have the character of "Ancestral". It can only be her personal property.

Therefore, unless the very veracity and genuiness of the WILL is doubted or challenged, the property will go to the beneficiaries mentioned in the WILL and to no one else.

prabhakar singh (Expert) 24 August 2011
On facts it is not " ancestral" you need to prove but rather a case of" benami"(ostensible ownership)is required to be setup and proved ,if at all, possible for you.

AAK (Expert) 24 August 2011
Its hard to explain core concept of law here.. as lots of sections and statutes are to be seen. i agree with mr.Ramchandran. Property in the hands of female hit by S.14 of Hindu succession act and becomes her absolute property and she can transfer it in any manner she likes.

M.Sheik Mohammed Ali (Expert) 24 August 2011
yes i do agree experts query reply

Shastri J.K. (Expert) 24 August 2011
I agree with mr.R.Ramachandran

M/s. Y-not legal services (Expert) 24 August 2011
Yes. Am also agree with mr.ramachandran.

Querist : Anonymous (Querist) 25 August 2011
The property was financed by 2 other unmarried well earning sisters besides the 3rd sister who died leaving behind the registered will.A brother and my widowed mother- elder brother's wife are contesting the will saying that the property was made using my grandmother's jewellery and so is ancestral.Also that the will was forcibly made by the benificiary as my aunt was very sick and living alone. In the above case what is to be done and as a married niece what are my rights?Am I a beneficiary too ? And how much? Please clarify.

Querist : Anonymous (Querist) 25 August 2011
A fact that I missed out is that all 3 sisters are dead.

R.Ramachandran (Expert) 25 August 2011
First see whether the challenge that you have laid against the WILL succeeds. Thereafter come. We will tell you what your share will be. Do not try to count the chikens before they are hatched.

Querist : Anonymous (Querist) 26 August 2011
My mother & My uncle plan to challenge my aunt's will. Is there a legal provision that in case an unmarried lady expires all her nieces & nephews are entitled to claim the property ? Please clarify.