Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Balram   05 May 2018

Ancectrel property will

Dear All

My grandfather has generate a will of property which he got from my Great Grandfather.

Grandfather has generate the will withour considering his daughters and not my grandmother.

So i would like to ask wheather he can generate the will or not?

if no then what is the further procedure.

Thnaks



Learning

 10 Replies

R.Ramachandran (Advocate)     05 May 2018

Dear Mr. Balram,

You have to indicate the following information, before appropriate answer can be given to your query.

1. You belong to which State?

2. In which year your grandfther got the property from his father.

3. Whether your grandfather is still alive?

4. If your grandfather has expired, in which year he died?

 

Jagannath   07 May 2018

It is better to consult a lawyer in this regard if u have sufficient proof to prove his actions. 

Balram   07 May 2018

Dear Ramachandran Sir

 

1) State :- Himachal

2) I dont know exactly but i think in 1980 's .

3) No my grandfaather is no more now.

4) He expired in 2015.

 

Waiting for your reply

Thanks

R.Ramachandran (Advocate)     07 May 2018

As your grandfather got the property from his father only in the year 1980 or so, it is not an Ancestral Property.  It is the personal property of your grandfather.

(HOWEVER, if you still feel that it is Ancestral property, then you have to indicate as to how your greatgrandfather got the property? - Whether he purchased it? If so in which year?

OR

Whether he got it from his father?  If so in which year? Depending upon the answer to these questions, my reply may undergo a change)

Otherwise my reply will remain without any change.

Therefore, he need not consult anybody to do anything about the property.  He has every legal right to make a WILL according to his wish.

Unless the WILL has been obtained from him by others by fraud, pressurising him, or by undue influence etc., the WILL cannot be challenged.

Balram   08 May 2018

Dear Ramachandran Sir

Thanks for your reply

I would like to add some more informatin that the my grandfather got this property from his father.He has not purchased this property.And i think he has got this property in 1950's after the death of his fahter.

My grandfather are three brothers and after the death of his father the property distributed within all the brothers.

And my grandfather has has 3 sons & 3 daughters.But my grandfather has done the will of land in the favour of the sons only.

So i would like to know if my grandfather can do so.

Secondly,there is one property which is Gair Marusi and my grandfather has done the will in the favour of my uncle's children.

So pls also let me know wheather he can will the gair marusi land in the favour of my uncle's children?

Hope you have understand what i have written.

Need your expertise guidence for futher proceedings.

Thanks

 

Balram   08 May 2018


Dear Ramachandran Sir

 

The Structure of property is :- 

                                                                     My Great Great Great Grandfather

                                                                        My Great Great Grandfather

                                                                      My Grandfather & his Two Brother

                                         After the death of my Great Great Grandfather property divided in to 3 portions is my grandfather & his two brother.(In 1950's)

Now my grandfather has 3 sons & 3 Daughters,he has done the will in the favour of his 3 sons only but no any share to his daughter,and my grandmother is also still alive.

I thing now i have done more clarification for your better  undertstanding.

Waiting for your reply.

Thanks

 

                                                                    

Rahul kandharkar (Freelance Editor Legal Consultant Author.)     08 May 2018

Dear Mr. Blaram,

As indicated by you the property is an ancestrial property and your grandfather has the right to alienate the property only to the extent of his share, for the remaining property it will be divinded among other heirs equally. Your grandmother can still file a suit for cliaming her share in the property. her share would be 1/6 th in the entire propertires.

for further queris please contact.

R.Ramachandran (Advocate)     08 May 2018

Now you have come out with full details.  Why you failed to do so in your first post?  Probably you (like other querists here) thought that with half information, which according to you is sufficient for the query, you can get the answer.  BUT ALWAYS REMEMBER, UNLESS YOU COME OUT WITH COMPLETE FACTS, you will never get a complete answer.  Half facts will fetch you only half answer.

Now from the facts revealed by you, I can say with certainty that it is an Ancestral property in the hands of your grandfather.

Since no partition of the property had taken place upto the death of your grandfather in the year 2015, all his daughters are also co-parceners with equal rights as the sons in the family.

Your grandfather could not have WILLed the entire property in favour of his three sons.

At best, he could have WILLed only his share in the property, in the way in which he want.

Now the clear position in view of the prevailing law on the matter is that - the entire ancestral property has to be divided into 8 equal parts - and 1/8th share going to your grand father, 1/8th  share to your grandmother, and 1/8th share each to all the sons and all the daughters.

The 1/8th share that had gone to the grandfather, will be governed by the WILL which he made in favour of the three sons.  Therefore, the 1/8th share falling to the Grandfather, will be equally divided in 1/24 share between the three sons.

Thus, the three sons will get 1/8+1/24 = 4/24 or 1/6th share each, and the each of the daughters will get 1/8th share each. Your grandmother will get 1/8th share. 

For this, you have to approach the Civil Court and fight.  Only then the daughters will get their share.  

 


 

1 Like

Balram   08 May 2018

Dear Sir

Sorry for my earlier half cooked food information.

Thanks for your positive reply.

 

Sir I have one more query please,what is the term Gair marusi Land.and if Gair Marusi Land can be willed or it should also be equally divided between three sons.?

 

My great grandfather was doing farming on this land and as per tenancy act, my grandfather becomes the karta or Owner of this land.

Thnaks

Balram   14 May 2018

Dear All

I have some confusion in the underatanding of Ancestral Property.So,please guide me to understand whcuh property is called ancestral property.with suitalbe example.

 

Thanks


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