samIsSearching (querious about property laws) 15 August 2012

Valid will and inheritance dispute quiet technical? thanks

To see the family tree watch attached image lot easier no need to read the tree in text.

A1 - father [deceased]

B1,B2,B3 - sons of A[all deceased].

B1- survived by a son C1 and daughter C2.

B2- survived by two sons C3,C4 and Daughter C5.

B3- survived by two duaghters C6,C7.

C6 and C7 have children say D1 to D5.

A1 and B2 – died instate. B1 I am not sure.

Question - The B3 makes a will in year 1989 which is registered later, of his ancestral/inherited property and beneficiary are C3 and C5.C7[married female] and C6[married female] are both in dark can came to know in 2012.C5 and C3 had change the land records using the registered will.

Can the will be challenged in the court of law since the property was ancestral.
if yes for no 1 the duration to make such claim and what will happen to the changed land record can they can be reverted too later on ?
During the case is it possible to stop the use of land by law till the dispute is settled.

4. What would be the status of D1 to D5 in this case can they claim it as there ancestral properties all are major.

Will case stand any legs on court ?.

Citations/acts needed if you can spare the time

[HINDU SUCCESSION ACT, 1956, indian succession act 1925, stridhan in hindu law].

Any more acts related to this case? Thanks in advance

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1 Replies

Anish Thakur 7018812737 (advocate) 15 August 2012

dear querist,

1.yes the will can be challenged in the court as will of ancessotral property can not be made ,will of his own share can be made only .

2.generally in revenue cases the limitation period remail for 11 year but by showing /raising cause of action like in this case they case to know in year 2012 so they can file litigation now in the court,the revenue record/enteries if are entered in their favour can be changed after getting the jujgement from the court ,this no issue.

3.yes,you can file suit for injunction under order 39 rule 1,2 for grant of injunction and definetly you will get it,

4.yes d1 to d5 can also claim there rights in the ancessotsral property but its not necessary that all the legal heirs will give their consent to get case registered in the court ,any single heir can claim for his right but he will get only his share.feel free to call.