Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Will on ancestral property

(Querist) 06 January 2013 This query is : Resolved 

Sir,
The undivided ancestral property inherited from paternal grand father located in Kerala belonged to two legal heir , out of which one is male & othr is female. Male died leaving 1 son & 3 daughters and female died issueless . But the female has executed will on the said ancestral property to a third person. Now the quest is
1) Whether the will executed by that female on an ancestral property against a third person is valid or not ?
2) Whether the said legal heirs claim share in it ?
Raj Kumar Makkad (Expert) 06 January 2013
1. Yes. This is valid.

2. No.

The legal position in such cases is that if a decesdant is unmarried then such inherited property shall be treated as if his self acquired property and he can do with that property as he wishes.
Kiran Kumar (Expert) 06 January 2013
That will will be discarded by the courts.

legal heirs have their righteous claim over the property.
Raj Kumar Makkad (Expert) 06 January 2013
*Kiran! Please elaborate the legal provision in support of your reply.

I have given an exception to general rule.
Devajyoti Barman (Expert) 06 January 2013
Since the property is ancestral, the Will shall have no force in law.
Dr J C Vashista (Expert) 13 January 2013
Will executed by female heir is valid and shall have to be honoured, if challanged


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