Will on ancestral property (agricultural land)
Sir, my grandparent has made the will on ancestral property (agricultural land in extended lal dora) in favor of grandchildren (2 out of 5, only boys). He expired and the registered will presented in the court (about 3 years ago from now). Land was mutated on their name. My grandfather has 7 children (3 son, 4 daughters). His other ancestral property was verbally divided among 3 sons several years ago, but 4 daughters were not given any share. Does that make the extended lal dora property non-anecestral and what is the timeframe to challenge any will or there is no timeframe after the mutation of the land on behalf of registered will?
Asked 2 years ago in Property Law from delhi, Delhi
1) mutation of land is only for revenue records for payment of property taxes
2) it does not confer title of the land in the names of grandsons
3) you have not mentioned on what basis you say property is ancestral . how did property devolve on your grand father .?
4) you should file suit to challenge the will as soon as possible preferably within period of 3 sons . you have not mentioned when your grand father died and when you came to know of the will
Property was devolved on my grandfather after his father died (My grandfather was 1 out of 4 (3 sons, 1 daughter). Property devolve on all of them. My grandfather has 1/4 share of that land, the same was willed on my cousins; hence deprived all of the sons and daughters and grandchildren excluding the 2 in whose favour the will was made. Property was not bought, it was agricultural land. His other properties were in extended lal dora, which were divided with mutual agreements among my father and 2 uncles (but their sisters were not given anything), so even that division of property seems legally disputable as electricity connection is still on my grandfather name (old lal dora).
My grandfather died on 10 Nov 2012. We came to know when my uncle told us that the sisters will not have the share as the property is willed, we have not seen the will so far and neither obtained a hard copy of that. Demanded from my uncle, he does not deny and does not provide. The above said property is apx. 436 sq. yards, out of which 200 sq. yards was sold and now bought by us. So we do not care much about will and did not obtain any certified copy of that yet. I specially am preparing for govt jobs and doing a private job simultaneously, so do not want to waste time if my current share of property remains intact.
If the previous division of property remains intact, we do not wish to challenge the will, but if even that is disputed, what can be done. That is why I am asking the legal timeframe of challenging a will.
Asked 2 years ago
The ancestral property can't be queathed by way of Will.
So the daughters can now file suit for partition and injunction to lay their claims for due share.
A. Was there any dispute regarding will at the time present before the Court?
B. What is the court order? Even if the probate is not mandatory, the court has to give notice to all legal heirs and NOC from them is required.
C. Generally, ancestral property cannot be involved in the Will. However, it could be drafted in respect of their respective share of the testator over the property subject to status of the property during 4 generation.
D. No limitation for challenging the unprobated Will. In any event, since Probate was not obtained,he need not challenge the will. However, he can challenge the entire property transaction to you.. In case the property disposed based on by the court through passing order it shall be challenge within 3 years from the date of order.
1) on his father demise your grand father had 1/4th share in said property
2) he could execute a will in respect of his share of property .
3) verbal partition of other property in name of only sons can be challenged by daughters
4) issue legal notice to uncle to produce the will if any
5) if no such will is produced file suit for partition to claim share in property . no limitation for applying for partition to claim share in property
6) your cousins will have to apply for probate of the will
You have to confirm whether the Will came into force i.e., the Will was acted upon by the beneficiaries by taking possession and getting the revenue records mutated in their respective names.
Actually, the property in the hands of your grandfather is not ancestral, it was inherited by him as his share of property from his father by a oral or written partition. Therefore the property becomes his absolute property the meaning thereby, he has full rights to dispose it in any manner as per his sweet will and wish and in favor of anyone of his own choice. Moreover You say that this will is a registered document so it will certainly be a genuine document therefore challenging the Will at any stage may not bear any fruit or can derive desired result,so in my opinion it will be a waste exercise.
However choice is yours to challenge the Will now, the time limit is three years from the date of knowledge of the enforceability of the said Will.
Hi sir/madam, you can challenge the WILL if you have any right over the property, it can be challenged with in 12 years from the date of registration.
1. The oral division of the property, unless reduced to writing, is not treated as division. The daughters have an equal share in the ancestral property which has not been divided. They are at liberty to file for partition to cull out their share in the property.
2. In so far as the property which has been willed by him is concerned, the excluded legal heirs can lay a challenge to the will as a will in respect of an ancestral property can be made only to the extent of one's own share in the property.
3. There is no time limit to challenge a will. Unless the will is probated it can be challenged even after 100 years.
this is a complicated but solvable proposition. the best thing to do is come and see me. i have an office in haus khas and you can see me there.
Advocate, New Delhi