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Devi (xyz)     21 January 2009

Two wills made be a person, ancestral property - question

Forum Team,

I have a question regarding a dispute running in my family

My grandfather had 2 sons and 3 daughters. He had couple of ancestrol properties. My grandfather expired in 1984 and grandmother expired in 1980

My father is the youngest of all. All my aunts were married on or before 1966. My father and his brother was looking after the property untill my father's brother expired in Jan 2009. My fathers brother did not have any children and his wife was also expired before 2004

The issues here is, my fathers brother wrote a will in Aug 2006 to mention one of my aunts daughter is given half the property. He mentioned in the will that is writing this property to his adopted daughter (my aunts daughter). However there was no official or formal adoption process earlier. He mentioned that in will only. And they registerd the will (they registerd the will and not the property). But my fathers brother wrote another will in Dec 2008 that all his property shall belong to my father. This was done with all legal requirements on a stamp paper with a lawyer and witness. He then expired early Jan 2009.

Now my father is in process of registering the latest copy of the will and also register the property on his name

Now the questions that I have are

1) I am aware that the latest will (when conflicted with the original will) will be given precedence even when the original will is not explicitly revoked. And I am also aware of the fact that a will need not be registered. But I have a slightest doubt in this regard. Since the original will was registered will this ever be a problem if this is disputed in court.

2) Can my aunts file a case in the court that they have a right share of the property and that it should be distributed. All of my aunts were married on or before 1966 and since then they have been living with their family. All were given very good share of money or property at the time of marriage but there is no proof of that. All of them are well settled and infact some have more property that us

I would appreciate any help or suggestions in this regard. Thanks in advance and have a wonderful time

Thank You
Devi

 



Learning

 5 Replies

Kuljit Pal Singh (Legal Professional)     21 January 2009

Dear Friend


The only ans to ur query without going in detail is that "Ancestral Property can never be bequethed by WILL" All the heirs have equal share on the ancestral property. 


regards


 

Solicitor Chirag Shah (Advocate & Solicitor)     21 January 2009

Hello,


a will or testament is a document by which a person (the testator) regulates the rights of others over his or her property or family after death. 


Whatever property belongs to Him/her could be Regulated by Will He can no give any property over which he dont have right.


ancestral property are thse properties whixh are common for all family members and no one specificaly claim right over it, you can devolve your share inancestral property to any one by will but not the share of Others.


About Revocation Of will- Once the will is made all earlier will gets revoked by New made will. I mean Will has a clause that By this will i am revoking all my earlier wills if any, There is no need of seperate revocation to be made for revoking earlier wills.

Devi (xyz)     22 January 2009

Thank you Kuljit and Chirag  for your reply. Thank you for the clarification.


Another quick question that I have. Since my aunts got married on or before 1966, can this not be considered as a separation in the family and that whatever property is left belongs to my father and his brother. And how about the property that was given to my aunts at the time of their marriage. Is there a way to prove it


Once again I appreciate your time and response


 


 

sanjeev murthy desai (Advocate)     22 January 2009

Dear Devi,


There is no limitation to claim their ancestral property. 


You have to prove that the ancestral properties are  partitiond between children of grandfather under a oral partition and under the said partition your aunts were alloted the share of jewells and ornaments and some of money.


sanjeev desai

Devi (xyz)     24 January 2009

Thank you team. I appreciate your responses.


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