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Sanjeev Srivastava (Business Manager)     02 August 2014

If court decides that will is invalid

Dear Experts,

The ancestral property (agriculture land) of my  father was transferred in the name of my mother after the death of my father in 1965. My mother wrote a registered  will in 1995 wherein she distributed the property equally to her three daughters.  My parents did not have any son. We three sisters are legal heirs of our parents.

My mother died in 2008 and after her death the entire property got transferred to our cousin brothers who stay in our village. We challenged it in the court and on the basis of my mother's will the court ordered the transfer of the property in the name of actual legal heirs i.e. we sisters.

Now, one of my cousin brother challenged the validity of the will in the civil court, while we were fighting the case, another cousin sister challenged the will saying that my mother was staying with her till 1995 she took care of her all this time so, she should also get the share in the property which is totally false. My mother stayed with me during her life time after the death of my father. It is only that our cousins want to harass us so that we leave our claim.

We want to understand that if we do not contest these cases and the court decides that the will is invalid that will happen?

We will be grateful if we we the replies from experts.

Thanking you in anticipation.



Learning

 7 Replies

Anish Thakur 7018812737 (advocate)     03 August 2014

the suit by your cousin and aunt are not mainatainable because as per law only the would be benificiary can challenge the will and not any one .feel free to call.

T. Kalaiselvan, Advocate (Advocate)     03 August 2014

Any case against you if it is in the knowledge, it has to be contested and challenged appropriately or it may turn against you, better consult your lawyer and fight back.

Sanjeev Srivastava (Business Manager)     04 August 2014

Thank you very much sir for your advice. However my point is if we do not contest the case the court may declare that the Will is invalid, but We three sisters are legal heir of our parents so whether there is a will or not we should get the get the property as per the Hindu Succession Act 2005 Amendment.

Our mother wrote the Will in 1995 because that time there was no such provision that daughters have equal rights as sons in the ancestral property.  The court can decide that Will is invalid if we don not choose to fight the case but it can not deny our shares in the property.

 

So my question is, in such situation when HSA 2005 Amendment is there the Will has no meaning. Because my mother, in her will , equally distributed her property among  us three sisters. and there is no dispute among us., Should we defend the will of my mother when our cousins can not become benificiary 

Please advise.

 

Thanking you

Best Regards

Sanjeev Srivastava (Business Manager)     05 August 2014

Dear Experts,

Please advise.

 

Best Regards

Suneet Gupta (www.vashiadvocates.com)     13 August 2014

Please note:

  • Your father's property was ancestral property.
  • Ancestral property cannot be willed.
  • Your mother only administered it after his death.
  • Even if the property was self-acquired by your father, it becomes ancestral once it devolves to your mother.
  • Therefore, she cannot will it to anyone. Her will, even if valid in other aspects, is not applicable to the property.
  • Ancestral property will devolve as per the Hindu Succession Act.
  • As per the 2005 amendment to the Succession Act, only daughters borne after 2005 have a share in the ancestral property.
  • However, since your father only had 3 daughters and no sons, the property should devolve on all 3 of you rather than your cousin brothers.

Please consult a local lawyer for the local customs applicable in your case.

prabhu selvarasu (advocate)     13 August 2014

Dear Sanjeew

                        After the death of your father all legal heirs became owners of  property. your mother also co sharer ,  your mother cant will all the property but she can will her share over the property. After your mother you along with other sisters got valid title. you can get your share in entire property event  will become declared as invalid .

 

All the Best  

Sanjeev Srivastava (Business Manager)     16 August 2014

Thanks & regards all of you gentlemen

Sanjeev Srivastava


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