Can a mother make a will of her share in ancestral property.
OD Nimbalkar
(Querist) 27 October 2017
This query is : Resolved
Respected Sir/Madam,
My mother had made a WILL in the favour of her one son, where she has 2 sons and 1 daughter (We belong to a Hindu Family). She was residing in Maharashtra and Karnataka state , but she made a WILL in Goa state. She was under the treatment of cancer from 2010 and made Will in 2015 her age was 86yr. And died in September 2017 at the age of 88yr.
In the WILL she has said that she is giving her share of ancestral property to her one son only which situated in the 3 states. But in fact, 1) she was having one property in maharashtra state which was in form of Stridhan which she gave it to that same son in 2011 by gift deed without telling to anyone and now that property is already transferred in his name. 2) she was having share in property in karnataka state which was of her husband and that property was ancestral not self owned. 3) she was having one more daughter but she died in 2014 and by the portuguese law of Goa state , the property of her daughter (which she had put inventory suit in court to claim her share) should be transferred to her nearest blood which was her mother (means my mother too) but in fact that property status was yet to decide by the court till today. In meantime both my sister died in 2014 and my mother died in 2017 and inventory is still going on. Goa state property is also ancestral property which was not even transferred in the name of my sister or mother. But my mother makes a WILL stating that my property share to be given to one son only without mentioning any property description.
So can me and my sister challenge such WILL in court. How much are chances to win this case.?
Thanking You...
Vijay Raj Mahajan
(Expert) 27 October 2017
Yes challenge the Will. Will an individual can make for his or her sole self owned property or share in the property not the whole property if that has other owners or shareholders like ancestral property.
There is no proper identification of the property to be transfered to the beneficiary and because of doubts to identify which part or whole of the property is being transfered by the deceased the Will cannot be probated and executed.
SHIRISH PAWAR, 7738990900
(Expert) 27 October 2017
You have to appoint a good advocate so that your chances of winning will be high. You have good case to win. For making will property should be owned by her and proper description should be mentioned.
Rajendra K Goyal
(Expert) 27 October 2017
Proceed as advised by the expert Vijay Raj Mahajan.
Guest
(Expert) 28 October 2017
Advice on the part of the experts seems to be wrong. Apparently, before rendering their advice the experts have not read the description of the problem properly. It is not understood, how they have assumed that the property was not owned by the will maker!
Guest
(Expert) 28 October 2017
Mr. Jigyasu is right in his observation. I may also have to disagree with the advice of all the above experts.
The querist has very clearly stated, "in the WILL she has said that she is giving HER SHARE of ancestral property to her one son only. Evidently, her mother made will for her own share of which she was the absolute owner after inheritance. So, in view of the description of the querist, the will cannot be challenged fruitfully.
Guest
(Expert) 28 October 2017
Many thanks to Mr. Dhingra for appreciation of my observation.
P. Venu
(Expert) 28 October 2017
Of course the Will could be challenged. However, everything depends upon the terms of the Will as to the intention of the testator.
Guest
(Expert) 28 October 2017
The query of the author was, "can me and my sister challenge such WILL in court. How much are chances to win this case.?"
Anyone can agree with the advice of Mr. P. Venu, but his reply does not cover the question in full. Nobody can say that any will, even genuine one, cannot be challenged in the court of law. But here the author also wanted to know about the chances to win. That part has not been replied by anyone so far.
According to me, the chances to win are quite bleak.
However, if the author has a copy of the will, to be sure about his expectations, it would be better for him to get the contents of the will analysed properly by some local expert, if some ray of hope can be visible.
