Challenging registered will Gift deed
PRASHANT
(Querist) 23 January 2016
This query is : Resolved
Dear
I want your valuable suggestions in my case.
My grandfather were 2 brothers and 4 sisters
>Now only my grandfather(A) is married his brother(B) is unmarried
>Out of 4 sisters only 1 is married who settled back to her brothers home after husband death
>my grandfather had 2 sons X &Y
>I am X's Son
Now my grandfather brother(B) registered a will deed in favor of his 4 sisters
Which was executed in tehsil court and all 4 sister got their share(even after death of 1 sister 4 sister got their name in records)
Now the share they got in 4 khaata they made that merge in their account as 1 died
Now three khaata for these 3 sisters
One sister made a registered will to his brother( A)
Grandchild(i.e Y's son) and left nothing to other i.e X child
My questions are�
Can she make will deed to his family member who is minor without giving nothing to others?
Can she make will of ancestral property as she got through his brother which is ancestral?
A will with not properly property mention that is no gaata, khasra etc is mentioned only village name is mentioned Can help me in challenging it?
P. Venu
(Expert) 23 January 2016
The query lacks clarity. Anyhow, under HSA, women have absolute rights over her property and she can dispose her property at her discretion by way of gift, will, transfer etc.
Rajendra K Goyal
(Expert) 23 January 2016
The share of deceased unmarried sister would be inherited by all her legal heirs and not by remaining three sisters only.
Can she make will deed to his family member who is minor without giving nothing to others?
--- Yes.
Can she make will of ancestral property as she got through his brother which is ancestral?
-- The property received by will and hence mutated in her name is not ancestral.
A will with not properly property mention that is no gaata, khasra etc is mentioned only village name is mentioned Can help me in challenging it?
-- Will can be challenged on large no. of grounds, absence of exact detail of property is not a solid ground however will document is to be referred.
Kumar Doab
(Expert) 23 January 2016
Agreed with experts.
PRASHANT
(Querist) 23 January 2016
Thanks for answering
Can you provide me some citations ruling in which will deed got cancelled showing fraud /wrong intention of acceptor
