Will on agriculture property made by Grandfather
Rajdeep Sidhu
(Querist) 18 July 2017
This query is : Resolved
My grandfather made will on agriculture land. My grandfather get this property from his father father. My grandfather was two brother and in 1970 property was divided in both of them by my grandfather father. Now my grandfather made will 1996 and execute in 2000 after his death on divided part. My grandfather has three son and will made in favour of two son in equal share. My grandfather exclude my father from property. My father also expired in 1998. Will was registered and original. Now is this property comes in Hindu law 1956 as an ancerntral property ???
Dr J C Vashista
(Expert) 19 July 2017
1. It is an ancestral property, which has not changed its status to self=acquired in the hands of beneficiary of will executed by grandfather. Check revenue records and get it rectified if the patwari or other authority has changed the status.
2. Show the will and other documents to a local lawyer for proper appreciation of facts of the case, which you have made confusing with so many father(s)/grandfather/his father have been inducted in your query.
Rajendra K Goyal
(Expert) 19 July 2017
Most humbly have a doubt with the opinion of the learned expert, doubt the property was ancestral when it was divided by great grand father. However show all documents to local lawyer and discuss
Kumar Doab
(Expert) 19 July 2017
The WILL was registered and apparently acted upon without any cloud on it.
Probably during his life time your father might have signed NOC for WILL.
Kumar Doab
(Expert) 19 July 2017
The property may not be necessarily ancestral.
Obtain mutation records with all link docs and preferably show these to a very able local senior counsel of unshakable repute and integrity socializing in revenue/property matters for a considered opinion.
Kumar Doab
(Expert) 19 July 2017
Generically speaking: Ancestral Property is one that is inherited upto 4 generations of male lineage...............
If divided in between it looses its ancestral nature................
In case of WILL: Usually there is set procedure of Testate Succession that might be on website of authority e.g; MC and certainly in O/o Authority............
The procedure may require to submit certified copy of WILL, death certificate, legal heir certificate....................ad NOC from all legal heirs and/or advertisement in newspapers and/or letter from authority to all legal heirs to submit objection if any within set/fixed time................
You may obtain all docs submitted from O/o Authority and examine.....if there are any defects....
The owner of the property has full right to dispose his estate/property by a valid deed in his life time say a WILL......................
