Legality of will

Querist : Anonymous (Querist) 30 December 2010 This query is : Resolved
My greatgrandmother had made a will leaving our ancestral house to her 2 grandsons sometime in the 1940s. Later in the 1970s or 1980s, my great-grandmother's daughter (my grandmother) made a will in favor of her daughter (my mother). I am not sure not which of the wills is considered valid. Kindly guide me as to whether the will in favor of my uncles is valid or the one in favor of my mother is valid.

Thanks in advance.

Shree

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Guest (Expert) 30 December 2010
The second will is not valid. Because there is no right has been passed to great grand mother's daughters.

B K Raghavendra Rao (Expert) 30 December 2010
Rights and interests in ancestral properties flows in accordance with the hierarchy and not by will, if it is contrary to the flow of title.

A detailed study has to be made in your case. It is to be seen who were all the legal heirs of your greatgrand mother and then family tree is to be looked into. Only then proper advise can be given.

H.M.Patnaik (Expert) 31 December 2010
Well advised Mr. Raghbendra.

Advocate. Arunagiri (Expert) 31 December 2010
I agree with Mr.BKR Rao.

Kirti Kar Tripathi (Expert) 31 December 2010
I also agree with Mr.Mr.BKR Rao.

R.Ramachandran (Expert) 31 December 2010
Since this is the property of a female, the devolving of the coparcenary property to the male survivorship would not apply in this case.
The big question is, when the great grand mother had given her property through WILL in favour of her grandsons, how come your grand mother make any WILL. The property was not in her name at all. Are you having copies of these two wills with you.

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