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Aakash   03 November 2020

How to go about reversing will

My father wrote a will in 2012 for our ancestral property dividing it between me and my  brother leaving my three sisters and mother. He expired in 2017 and mother in 2020 and my brother got property transferred on our name after submitting the death certificate. The will although talks about our ancestors property but at the end it says all  his moveable or immoveable property should be divided between two sons.

Father did not mention the property which he owned  in a different city alltogether which was transferred in 2005 on his name by me(I bought the property), because he wanted to give it back to me but couldn't do it before his death.

My brother is insisting on dividing this property between two of us leaving sisters once again based on this will which he wrote for property which my father inherited from my grandfather. 

My sister's know the property is mine and they want to transfer their share to me. 

My brother wants half at both places, I think he should get one fifth in ancestral as well as property which my father owns. That way I get 4/5 at both place coz my sister's want to give me the property in case my brother doesn't leave his share in the house I gave to my father. As per them the house should be given to me and let him take half of the ancestors property, but since he is adamant to take half in the house too we want to show him his share is 1/5 + 1/5 = 2/5 but he is getting 1/2 in the ancestral property already which is anyway more than 2/5.

How to undo the transfer done by the will in our ancestors property. I know this will is invalid but how to go about it so that brother comes to his senses when he actually gets 1/5 


 9 Replies

G.L.N. Prasad (Retired employee.)     04 November 2020

Always avail the services of a local advocate when the issue is complicated, as mutation records, how and why you think the will as invalid, whether both brothers in the past admitted the will and presented it to any authority for mutation etc., the way of transfer by you to your father etc., are material facts that can be studied only through documents.

P. Venu (Advocate)     04 November 2020

Facts posted are less than precise and are confusing. Hence no meaningful suggestion is possible.

Kishor Mehta (CEO)     04 November 2020

A person can make a WILL for his personally owned properties only, he can not make a WILL for his ancestral properties. Every direct descendent of the ancestors will have an equal share in the ancestral properties.


Considering complicated facts which require further probing, you may better take guidance from a well conversant Lawyer  at your place.

Aakash   05 November 2020

Thank you for responding, i think you don't need to make a will for your ancestral property it gets transferred to successors. I may be wrong or may not have full knowledge on this but that's what is logical that a father can divide his self acquired property as per his wish but  the property which he acquired from his father should go to every child. Generally girl child give no objection letter and property is transferred to boys.

Father wrote the will and personally submitted it to the authorities, later my brother submitted  death certificate of my father and I was told it's transferred on our name very recently.

I got allotment of the land, all permissions, connections(water,elect etc) and completion was taken on my name, later I transferred the house to my father thru "family transfer" application by paying ₹3000 fee  to authorities and they re-alotted the plot to my father..

P. Venu (Advocate)     05 November 2020

What prevents you from posting simple facts instead of assumptions, presumptions and subjective opinions?

Aakash   05 November 2020

Someone asked why I think will is invalid so I tried to explain that.

What facts you want to know I am not sure, simple is father wrote will for ancestral property leaving my sister's and no will for the property which he owned. Sisters are not going against father's will so brother thinks he can get half in the house as well leaving his sisters once again. Only way he can be brought to see the reality is when the will is made invalid, Sisters are with truth, which is house is mine, ancestral property should be divided between me and brother.

P. Venu (Advocate)     05 November 2020

First of all, why and how do you consider the property tp be ancestral?

Aakash   05 November 2020

Sir I said land which is ancestral is already divided between we two brothers by "will" written and submitted by my father before his death. Then in a city I bought a house in 2005 which I  gave to my father in 2007, this is now my father's self acquired property and not ancestral, this will be and should divided between five of us,  only thing is greedy brother is interested to get half in this as well. And sisters who are fair and don't want anything in this,  are giving me their share , just asking to get the idea if it's possible to get that will cancelled or whatever so that my brother can come in reality and accepts he is owner of 1/5 in the ancestral property and the house my father owns.

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