Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Sreeni (Retd)     07 February 2023

ancestral land sold and bought a house

how far a notarized first will is admissible to prove that the property is ancestral, altered in second & last will as self acquired and also regd to deny share to his daughters ? pl


 5 Replies

Dr J C Vashista (Advocate)     08 February 2023

Vague and incomplete facts cannot lead to form proper opinion and oblige.

Show the documents to a local prudent lawyer 

Shashi Dhara   08 February 2023

Challenge it in court .

Real Soul.... (LEGAL)     08 February 2023

If the property was in the name of  testator he can make will to any extent he desires but if the property is ancestral the shares are self-distributed by the inheritance law.

 The latest will shall prevail, and if you dispute the title of property you have to prove that and that is equal to near impossible, as you base your claim upon the cancelled will from the same person.

You can file the case to prove that property was purchased from the money received from selling the ancestral property but that is as I said near impossible, better is if you can persuade the share holders to come to just terms.

Sreeni (Retd)     08 February 2023

latest will prevails, but in the first will He mentioned the house was purchased with the sale proceeds of ancestral lands which was inherited from his father

sahithi reddy   10 February 2023

If the property was owned by the testator, he or she might create a will to the degree that he or she chose, but if it belonged to an ancestor, the inheritance law would determine how the shares would be divided. Since your claim is based on the same person's revoked will, it is nearly impossible to prove that the most recent will governs if you contest the ownership to the property.

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