As of now name of my grandfather exist in some agriculture land, all these land are ancestral property.received from his father. but he made a will of these land in the name of my mother's cousin. he made a will in 2007 and died in 2010. but still my grandfather's name is still there in these agriculture land. My mother's cousin are trying to enter their name using that will. can we challenge that as it was ancestral. Does it require consent of my mother while making a will of ancestral propterty. can we challenge it?
Dear Madam,
Daughters are entitled for share in the properties of father irrespective of marital status. If any gift deed or will executed in favor of sons then file partition suit and seek for cancellation of such deed saying it was got executed forcibly or otherwise.
1) as far as grand father is concerned it is not ancestral property
2) property which has remained undivided for 4 generations is ancestral property
3) grand father can bequeath property by will
4) if grand father was not mentally fit or will executed under coercion or undue influence you can object to mutation of property in cousin name
5) cousin will have to apply for probate of will prove will executed by grand father
You as a co-percener alone can challenge the will claiming it void in law. Consent from your mother or from any other co-percener is not required provided the property is ancestral and governed by Mitakshara law.
If the said property is ancestral he cant make a will without getting NOC from all legal heirs. All of them have equal rights in the same. He can only make will of self acquired property.
1. if the property is ancestral then your grandfather could have made a Will only of his undivided share in the land and not the entire land
2. since you are also a coparcenor in the HUF, you have a caveatable interest in the land
3. so you can challenge that Will as by that Will the entire land is bequeathed which also includes your undivided share in the land
4. also your mother's cousin will not be able to mutate his name in the land records, unless he submits the NOC of the legal heirs of the deceased to the officer
5. if the NOCs are not submitted then the officer will not do the mutation
6. however on the safer side you can write a letter to the land revenue officer to not entertain any application for mutation from your mother's cousin without it being accompanied by your NOC. Clearly inform the officer and also his senior that you are a coparcenor and have a undivided share in the land
7. you can also issue public notices in local newspapers that nobody should deal with your mother's cousin on the strength of the Will
Property inherited through Will and Gift are not ancestral properties.
Your grand father can execute a will for his share only not entire property.
Your mother can challenge and she can file a partition suit.
1) Yes, your mother can challenge that WILL and besides that's WILL still your mother has share in the ancestral property.
You mother has share in the ancestral property no matter there is WILL made by grandfather. If you want share ratio I can prepare for you as per Indian Succession Act.
Dear Client,
If great grand children were born before his death than WILL is valid up to his share. Rest land will inherit in your father, his siblings, your sibling and cousins if any.
Grand father , you mean maternal or parental. If maternal than mother have share.
See if the nature of property was ancestral that has to be seen importantly as it has to he seen that property was partitioned or not as inherited property is not necessarily ancestral so in case the property is ancestral mother and other legal heir if any can file for her share.
And challenge the will as consent was not there in same
1. WILL of ancestral land has got no legal standing. It is to be duly partitioned amongst the Class-I legal heirs of the deceased. Thus this WILL is challengable and also invalid
2. Presently all the residual legal heirs of the deceased, can execute a registered Family Settlement Deed (FSD) with mutual consent and signatures and decide and distribute the property ratio amongst themselves, without any monetary consideration.
3. The above FSD will be legally sufficient for all purposes including Sale /Transfer /Gift /Mortgage /whatever, for present &future dealings.
Keep Smiling .... Hemant Agarwal
Once the property was transferred to your grandfather's name by his father, it becomes his own property and it will not acquire the status of ancestral proeprty especially if your grandfather has transferred the same to anyone subsequently by a valid mode of transfer.
Thus since it is not ancestral property your mother cannot challenge the will on that ground, if she suspects the genuineness of the will then she can challenge the same for the reasons she may rely upon.
