My grandfather earned the property of 25 acres as a reward given by the princely state of Lunawada Gujrat. no property is inherited by him from his forefathers. My grandfather made a registered will in favour of my father for the same property My father made a registered will in the year 1998 in favour of my mother and me, he also mentioned the following things in his will 1. No share should be given to my sister as he has given to her at the time of her marriage 2. I have to take care of my mother until her death, I will have the charge of all the property after her death. ( thus lifetime right was given to my mother.there was no partition regarding this property between me and my mother.) My father died in the year 1999, after my father's death my sister has waived off her right accepting the will in front of Talati, Mamlatdar and Punchas by signing the "Varsai" application and in the notice of 135(D) for mutation of right. My mother passed away in 2017 intestate. Now my sister has challenged the will in civil court saying that the property is ancestral and my father has no right to made a will. She also filed the suit for the share from my mother's share. i.e 1/4th of the property. My questions are as follows: 1) is my father's will is valid? 2) what property can be defined as ancestral property? 3) is she eligible to get a right from my mothers share?
Dear client,
Property is self acquired, her claim is wrong.and by virtue of WILL you are absolute owner.
But on your mother's intestate death, her share will inherit in you and sister.
WiLL is valid.
Property acquired from great grand father and no WILL ever executed.
Half on mother share.
1 .Yes the will of father is valid based on above mentioned facts and circumstances.
2. An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation(your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
3. Yes she is eligible for mothers share.
1) The ancestral property is from your fore father that is the property should have purchased by your great grandfather, than it is called as ancestral property.
2) This property has be self owned of grandfather and he had made WILL towards your father and your father to you.
3) Your sister does not have any rights in the property and as per limitations act she should have challenged WILL in the year 1998.
4) Yes, in the mother share she do have share in the property but that also 50% in the mother's share. means in total property 75% share will belongs to yours and 25% will be her.
1.property is self acquired property of your grandfather which he bequeathed to your father under a Will
2. thereafter father made a Will of the same property to you and your mother
3. thus you and your mother got the property by testamentary succession i.e. under a Will
4. your mother was given a life estate and after her demise the property would become your absolute property
5. so i do not see how your sister can claim that it is an ancestral property and that she has a right in the property
6. also for a daughter to claim a share in ancestral property, her father needs to be alive on 9.9.2005 when the Hindu Succession Amendment act was passed which gave equal rights to daughters as that of sons in ancestral property
7. in your case your father died before 2005 i.e. in 1999, therefore your sister does not become a coparcenor and she cannot claim any share
8. your sister also cannot claim any share from your mother's share. Your mother was given only a life estate and no absolute ownership right. So how can your sister claim?
9. on one hand your sister claims that property is ancestral and father could not make a Will for the same and on the other hand she is claiming a share from your mother's share [your mother would have got a share in your father's property only when your father died intestate, in which event his property would devolve on his legal heirs being widow i.e.your mother, and his children. If that was so then the mother would have got an undivided share in her husband's property as a legal heir and upon her demise, her legal heirs, which includes your sister, could claim a share in her mother's share]
10 by claiming a share in the mother's share the sister has herself impressed that the property is a self acquired property and not ancestral property [since if the property were ancestral, then the mother would not get any share at all as wife of a coparcenor is not entitled to any coparcenory rights in ancestral property]
your questions:
1. your father's Will is valid as what he bequeathed was his self acquired property which he got under his father's Will
2. ancestral property is one which is inherited by a person from his father or father's father or father's father's father. In your case your father did not inherit the property from his father but got that property under a Will by a testamentary succession. Similarly you have not inherited the property from your father but got it under his Will by testamentary succession.
3. NO Simply because mother is excluded by your father's Will from inheriting his property. She was only given a life estate
1. The property gifted to your father by patta is not an ancestral property and the same is not considered as ancestral property. So there is not much concern over it and Will is perfectly valid if it was done with his free consent and attested by 2 witnesses.
2. The property inherited from forefather is considered as ancestral property. Since your father did not inherit this property from your grand father , it is not his ancestral property.
3. If your mother died without a Will then your sister will inherit her half share from it.
Once she has waived her right she can't challenge the same again vide a civil suit. The civil suit deserves to be dismissed with costs.
1) father will is valid
2) it is not ancestral property
3) it is self acquired property of grand father bequeathed to father by will
4) property which has remained undivided for 4 generations is ancestral property
5)mother had no share in property only conditional life interest in property
1.your father's will is valid
2.Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property, it is not ancestral property
3.as per your father will,your sister is not eligible for any share.
Dear Sir,
1) is my father's will is valid?
Ans: Yes it is valid2) what property can be defined as ancestral property?
Ans: An ancestral property means a property which is devolved upon heirs by the 3 generations above them; father, father's father or father's fathers' father. It passes to the next three generations. ... Share inancestral property will be inherited by coparceners.
3) is she eligible to get a right from my mothers share?
Ans: Yes, she is eligible to get 1/3 rd of mother's share.
Will is a testamentary succession. Upon death of testator testamentary succession opens to beneficiary- legatee. Will should be proved in court of law either in a probate court or declaration actions against the persons who denied rights of beneficiary of Will. Period of limitation starts from the death of testator to claim simple declaratory rights under Will is within 3 years or 12 years from death date of testator - if relief of declaration with possession of any immovable property rights from the death of testator.
The property was given to your father through the will and your father gave it to you. The property is ancestral but the owners have willed it and hence the law of intestacy is not applicable here. Moreover she has already signed the noc although that is immaterial.
The property is yours.
Regards
1. Father's will is perfectly valid, more so since the property is not a "ancestral property", which should be atleast Four generations old to classify as "ancestral property". Effectively and legally the will bequeaths all the property to you, without bequeathing anything to Mother, to the exception of her life time rights for usage & enjoyment. PERIOD.
2. Sister, has relinquished all her rights before a constitutional authority (talati) and now she cannot withdraw the same.
3. Mother right over the property existed (as per the will) and limited to usage and life-time enjoyment till she remains alive. Mother did not have right to create any will on such property.
Keep Smiling .... Hemant Agarwal
1. Your father's Will is legally valid and cannot be challenged
2. This is not ancestral property, it was your grandfather's own and absolute property and after his demise it became your father's property, subsequent to the Will, you and your mother became the absolute owners.
3. Your sister cannot claim any share in this property as a right, it is not legally tenable.
I read on the internet that will can be challenged within 12 years from the date of its execution or from the date it came to the knowledge. If its true than please mention the ruling of any HC or apex court.
The contents of the Will can be challenged only when it is found that the testator is not having a clear and marketable title to the property bequeathed in the Will.
The validity of the Will can be questioned when the beneficiary is filing a case seeking probate of Will.
You have to apply for probate of will at earliest
2) judgment of the Supreme Court in the case of Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and Others (2008) 8 SCC 463 limitation period for filing of a petition for probate is three years under Article 137 of the Limitation Act, 1963 however, the period of three years commences when the cause of action accrues or the right to apply accrues. The need to file the probate petition i.e the cause of action to file the probate petition arises when the subject Will is specifically denied by the objectors to the notice/knowledge of the appellants/petitioners or their predecessor-in-interest. It is only on the denial of the validity etc of the subject Will as brought to the knowledge of the appellants/petitioners or Sh. Radhey Shyam would then limitation would begin for filing of the probate petition.
Arvind Garach vs Pragna Garach & Ors on 14 May, 2015
See the limitation period from knowledge is 12 years it is under the limitation act , there is no ruling for same required.
Why dont you search it from the internet itself!
It's from date of the knowledge