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Ramana (Business)     08 June 2024

Regarding self acquired property

Hi,

My Grand father is 90+ years of age and still living as of date and he had 5 childrens, out of which my mother is elder daughter.

Mother passed away 2 years back, but grand father is still alive and he made a will to write all of his self acquired properties to 2 of his childrens. Now when we checked the documents looks he obtained legal heir certificate of only 2 childrens and missing other 3 childrens.

Can we challenge the will made and ask to distribute property equally among all childrens equally?

 



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     08 June 2024

No, your grand father is absolute owner of property so he had every right to transfer his soil acquired property to anyone as per his wish .you have no right to challenge his will.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     08 June 2024

If it is your grandfather's self acquired property and he is the absolute owner of entire property then he can transfer his property to anyone of his choice and he has rights to exclude his other children if he is not willing to give them any property.

Nobody can challenge his decision.

Besides, the so called legal heirship certificate can be issued by concerned authorities in respect of legal heirs of the deceased person only and not for the living person.

You cannot challenge your grandfather's decision or Will now or anytime.

 

kavksatyanarayana (subregistrar/supdt.(retired))     08 June 2024

You cannot ask him to distribute the property in the will as he is the absolute owner of the property and it is his will.

Dr. J C Vashista (Advocate )     09 June 2024

Before proceeding further you are required to get the surviving legal representative certificate corrected.

Aadil (Student)     21 June 2024

Dear Ramana,

Thank you for your query! I am Aadil and I will try to answer your question.

 

The short answer to your query is NO. You cannot challenge the will made by a person.

 

The legal heirs might have had a claim on the property if the individual had died intestate or if the property in question was ancestral, as per the Hindu Succession Act of 1956. If the property was ancestral, then his successors for three generations would have had a claim towards the property and could not have therefore created a will on it, and if that happened, could be challenged in a court of law. The only other way the legal heirs can claim a property of their ancestor is if they died intestate, upon which the property would have devolved according to the Hindu Succession Act of 1956.

The self acquired property of an individual is absolutely his own, meaning he has complete rights over it including that of selling it, gifting it, or writing a will for it, as per the Hindu Succession Act, 1956. Therefore, no person can challenge the will made by a person for a property that is self acquired as that person shall have no right over it.

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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