Family will

You have confirmed X is Hindu.

IT is believed that all involved are Hindu.

Who was 1st owner owner of the title/property that came in the hands of  parents of X; Father, Mother………..OR their forefathers?

The property in the hands of Father of X was self earned/acquired/ancestral?

The property in the hands of Mother of X; Father was self earned/acquired/absolute?

Who died 1st; Father or Mother of X?

Confirm!

Ancestral Property; one that is four generation old, acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

Properties inherited from mother, grandmother, uncle, brother is not ancestral.

Property that devolves by WILL,  gift,  partition, decree by court….is not ancestral.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

 So you can attempt to determine if the said property is indeed ancestral.

The title holder/owner can dispose his/her estate/property in favor of anyone………….be IT blood relative or not related by blood….even a stranger.

The last wish of testator as in a valid WILL is supreme and a cardinal principle, courts care to execute IT.

A stranger to the WILL/estate disposed by WILL  cannot contest the WILL.

The 2 sons and 1 daughter being ClassI legal heirs of their father can claim share in ancestral property.

Since testator/title holder Mr. X has disposed the said property by WILL (registered) they have to contest the WILL.

The ancestral property is shared by all Legal Representatives/heirs.

A testator can dispose by valid WILL only the (share) estate/property that he/she owns.

Therefore testator cannot dispose whole ancestral property by WILL.

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

A registered WILL should be a valid WILL.

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…… Thus, in query posted by you, if said property of father of X was self earned/acquired and also if mother of father of X and wife (of father of X), both were not alive as on date of death (of father of X) then only X could become sole survivor and hence sole owner by inheritance. If said property of father of X was ancestral then only his share shall devolve upon X.

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

Thus if Mother of X was owner/title holder then you can determine ( as explained above also) X could be the sole owner by inheritance, if X sole surviving legal heir.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

In case of WILL whose beneficiary is not the blood relative, the legal heirs may come forward to contest the WILL, well in time, if they wish…on merits, while WILL is submitted to be acted upon, in O/o jurisdictional authority under whose jurisdiction property falls..

A registered WILL is not easily set aside atleast on counts of authenticity.

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

So if the estate/property is in above areas legal heirs can contest the WILL, in probate court of pecuniary jurisdiction.

Approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , by showing all docs for a considered opinion.

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL civil courts, HC, SC……

Thanks a lot Sir for your valuable suggestion.

The Property was purchased by father of Mr X , after the death of father and mother , Mr X became the owner of the property.

Originally posted by : AKSHAY
	Thanks a lot Sir for your valuable suggestion.   The Property was purchased by father of Mr X , after the death of father and mother , Mr X became the owner of the property.

The legal hiers can contest the WILL since any WILL can be contested.

The share of legal hiers has already been explained above.

The impressions on ancestral property have already been posted.

Apparently the property may not be ancestral as guessed from your last post.

Is details of property termed as ancestral in (registered) WILL mentioned in WILL e.g; plot number etc?

If yes, if the mater lands up in court of law, the court may…may ignore the misunderstandings by testator, about ancestral property and may award the beneficiary ( not related by blood as per your post).

Approach a very able counsel as already suggested alongwith mutation records with all link docs.

If your very able LOCAL counsel opines that IT is futile to contest the WILL, then IT is your call.