I want to know value of registered will in Anicestral and Self purchase property becasue my father made a Registered will in favour of Two Brother out of three and a litter share given to third son daughters from only anicestral property not from purchase property so what is the value of this will can we fight in court or third son entitled for equal share in anecestral proprty please tell me of guide me
1) Court does not decide title of testator in probate petition
2) Court merely considers whether will was executed by testator and attested by 2 witnesses
3) whether there are suspicious circumstances surrounding the will
4) you ha e to file suit for partition for division of ancestral property by metes and bounds
1. On what basis do you call the property ancestral? If it was ancestral in his hands and not yours then he was at liberty to bequeath it.
2. A will can be challenged only on the ground of incompetence of the testator i.e he had no right to bequeath the property in question or that he made the will under coercion or undue influence. The owner of a property has an indefeasible right to discriminate between his legal heirs at the time of making a bequest. He is under no obligation to give an equal share to all his heirs, he can give a lion's share to one and pittance to others.
Hi, the third son can claim his equal share in the ancestrol property , but in case of self acquired property father has a right to make a WILL transfering his share in the name of any perticular son
1. The property which is inherited upto 4 generations called ancestral property otherwise it is not.
2. The Will can be made on Self purchased property according to the owner.
3. If it is self purchased property, the 'source of income' to purchase the property need to be proved in court by the owner.
... etc., .
you may discuss with me, in case if you need any more clarification.
Ancestral property can not be willed out, you can file a partition suit and claim the share of your property in the ancestral property.
Regards
At first place, this will itself is not valid because there could be no will parting away ancestral property. Ancestral property cannot be divested by means of a will.
First o all ascertain if it is ancestral property or not.
Grandfather's property cannot be treated as ancestral property.
f it was grandfather's property inherited by yor father, then he has full and marketable rights and title in the property to bequeath the same to anyone of his choice and as per his desire about the distribution of his property.
Hence any case filed by you may not be maintainable.
