Time limit for challanging the will
JAVED AFZAL
(Querist) 30 December 2014
This query is : Resolved
We have an ancestral house. Which has been divided by both of us ( brothers). We are in possession & living in our own portions.
(i) Testator From his share has given ½ share of his house property to his son. Remaining ½ share has been retained by him, it will go to his wife after his death.
(ii) We both brothers have a common piece of agriculture land. Testator From his own share of land has further divided it to his legal heirs.
After the death of testator , his legal heirs have got executed this part of the will in their own names i.e (Agriculture land) (Mutation of land).
But testator LR’s did not agree with the Ist(a) part of the will regarding division of house by both of brothers which took place in the life time of the testator .
Now Legal heirs of the pedestator after 6 years of will & death of pedestator have filed a suit in the Civil Court with the request that house which was divided by both of brothers in the life time of predestator be again divided by metes and bounds.
Pls gude me
1Whether the suit is maintainable after 6 years of the will and the death of pedestator.
2. Second part of the will i.e regarding agriculture land has been got executed by the Legal Heirs of pedestator, But First part of th e will i.e regarding division of the house has been challenged in the court. Whether only this part Can be challenged ?.It is a built up house we both live in and in possession of the house for the last 30 years. According to will both the houses has been got registered in Munciapal Committee records in the year 2008.They were know of the will from the first day.
ajay sethi
(Expert) 30 December 2014
1) on what basis you say property is ancestral ?
2) how did division among brothers too place?
3) was it by deed of partition duly stamped and registered ?
Rajendra K Goyal
(Expert) 30 December 2014
Author answer the questions by the expert ajay sethi.
JAVED AFZAL
(Querist) 30 December 2014
As per your query my para wise reply is as under:-
1. This built up house property was purchased by our forefather four generations back,(So it is called ancestral property).
2. The partition is domestic partition.
3. They have not challenged the validity of the will.
4. They admit that they are living in their own portion of the house.
5. They want partition of the house by metes & bounds.
6. Question is how a built up house can be divided by metes and
Bounds. When the validity of the will has not been challanged
ajay sethi
(Expert) 31 December 2014
if deed of partition has been effected testator would be absolute owner of his share of property .
testator has bequeathed his share by will . deed of partition is required to be duly stamped and registered to be admissible in evidence . you have not answered my query in this regard
Surrender K Singal
(Expert) 02 January 2015
Domestic partition could be just convenience of the occupants and that may not be regd. or even written at all ?
In any case, any Will can not be acted upon for a part of it and not for the other part of Will !
JAVED AFZAL
(Querist) 02 January 2015
Will executed in the year of 2008 and challangd in the year 2014.Pls intimate me whether it is time barred or not.
Surrender K Singal
(Expert) 03 January 2015
What is the point of time that knowledge the WILL has come ?
prabhakar singh
(Expert) 03 January 2015
As author you seem to be governed by Mohammedan personal law of inheritance???????
If true!
There would be no concept of ancestral property and all that applicable under Hindu personal law as amended by Hindu Succession Act.
A Mohammedan is not allowed to testate any thing more than 1/3 of his property.
Cancellation of any voidable instrument by suit is limited by time of 3 years which runs from date of knowledge alleged and proved.
