Will of ancestral property (daughter's right)

Deeksha nayyer (Querist) 19 July 2022 This query is : Resolved
Hi Experts,

My Maternal grandfather (NANA) has ancestral properties ( Agricultural Land ) in his name. He got his properties from his great grandfathers.

My Maternal grandfather has 2 children ( My Mom and my mama).

My Mama is a goon and he always creates pressure on my Nana to not give anything to my Mother.

2 years back, My Maternal grandfather had made a registered will and wrote that after his demise all the properties ( Including ancestral property) shall be transferred to my Mama.
He excluded my mother from that will.

When my mother asked about the will, he told my mom that he has written that will due to the pressure of Mama, because he is a goon and dangerous.

My Questions are :

1. Is it legal for my Nana to make a will of ancestral land.

2. Will it be admissible in court after the demise of Nanaji during probate?

What to do, if my mother wants to take her share and Nana has already made a registered will?

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Quick Summary

This discussion addresses a daughter's right to ancestral property when her grandfather, under pressure from her uncle, made a registered will excluding her. While a grandfather can generally make a will for self-acquired property, ancestral land has specific inheritance rules. The consensus is that a will excluding a daughter from ancestral property may be challengeable in court, especially if made under duress. The recommended course of action is to file a partition suit and challenge the will during probate proceedings.

kavksatyanarayana (Expert) 19 July 2022
How many generations of your grandfather got the properties from his great grandfathers? If the properties are in Delhi, Mumbai, and Chennai you may get the will probated.

Dr J C Vashista (Expert) 20 July 2022
Probation of will is compulsory in presidency towns of Mumbai, Chennai and Kolkata but not in Delhi.

SHIRISH PAWAR, 7738990900 (Expert) 20 July 2022
Hello,

A legally executed will is a valid will and your mama can get the probate from the court. Your mother can take legal action for her share in the property if the property is ancestral.

P. Venu (Expert) 21 July 2022
The better option is to file a suit for partition leaving it to your uncle to plead and prove the Will.

It could be that the property is ancestral. Please verify.

kavksatyanarayana (Expert) 21 July 2022
Mr.Vahsista ji, thank you sir for your correction.

Dr J C Vashista (Expert) 21 July 2022
Dear Mr. Kavksatyanarayana ji,
We are learning from each other as well, please appreciate the fact.
Thanks and regards

Deeksha nayyer (Querist) 22 July 2022
Hi Sir,
Thanks for the reply
.
We are Hindu Family.
The Land is in Haryana.
@kavksatyanarayana Sir, The Land is ancestral, four-generation old.

Sir,

What should we do,

Should we file for a partition case during the lifetime of my Nana?
or This will is not legal and we should challenge it after the demise of my Nanaji.

I have heard that The will of the ancestral property where the daughter is excluded is inadmissible in court.

kavksatyanarayana (Expert) 22 July 2022
As the property is above 4 generations and hence the property of your grandfather will be treated as his self acquired and he can as he wishes.

Deeksha nayyer (Querist) 22 July 2022
Sir Property is ancestral, We have confirmed it with the Tehsildar.
Can you pls give me the answer by treating it as ancestral property.

P. Venu (Expert) 22 July 2022
While approaching the court in civil action plaintiff should rely on facts and the averments therefrom. It is for the defendants to plead their averments and prove the same.

Dr J C Vashista (Expert) 23 July 2022
@ Deeksha Nayyar,
You / your mother are required to file a suit for partition and possession of the ancestral property inherited by her with mesne profit against your mama, who shall rely upon the will executed by his father in his defence, then challenge it.
In Haryana where is the property located, the suit shall be filed before the same District Civil Judge.
Generally I am practicing in Delhi and NCR, if you feel, may contact me on appointment at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 email: majjagdish@yahoo.com.
Thanks & Best wishes

Sudhir Kumar, Advocate (Expert) 07 December 2022
1. Is it legal for my Nana to make a will of ancestral land.

NO

2. Will it be admissible in court after the demise of Nanaji during probate?

YES IF NOT CHALLANEGED.

What to do, if my mother wants to take her share and Nana has already made a registered will?

YOUR NANA CAN CANCEL ANY WILL HE MADE ON EARLIER DATE EVEN IF REGISTERED.

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