Validity of will for ancestral property and succession
Jayant
(Querist) 20 August 2012
This query is : Resolved
My uncle, who was unmarried, expired recently. He had made will and bequeathed his share of ancestral property to son of my younger uncle. Is this will valid in view of following-
1.This property was in the name of my grandmother who passed away in 1997. The names of my father, two of his younger brothers and one unmarried sister were included subsequently in government records.
1.The property is still in joint names including my father, my younger uncle, the deceased uncle and another deceased unmarried aunt (the aunt passed away two years back)
2. I have two more married aunts. Do they also have share in ancestral property ?
3. How many shares will be there of this property?
Anirudh
(Expert) 20 August 2012
Dear Mr. Jayant,
I normally find that querists in this site, want too much answer by giving too little facts! You are not an exception.
Before asking the query, you should indicate, some details about the property. Who originally owned it, how that person got the said property, then chronologically what happened in which year. Without knowing these details one cannot give an appropriate answer to your query.
Another think that I notice is that everybody assumes or claims that the property is 'ancestral property', on their own understanding (misunderstanding) of the meaning of the term.
In many cases, it turns out that the property is not at all 'ancestral'.
Therefore, first give the complete details about the property and then try to ask your question. Otherwise, whatever answer that you may get will not be really useful to you.
Jayant
(Querist) 21 August 2012
Thanks Mr Anirudh
Additional details are below -
The property in question was bought in 1967 in the name of my grandmother with funds obtained from selling another old house. History of the old house is not known to me but it was from the generation of my great grandfather.
My grandmother expired in 1997 without making any will. Subsequently names of my father, deceased uncle,younger uncle and unmarried aunt were added in Municipal records in place of late grandmother during 2005-2007.
Jayant
(Querist) 21 August 2012
The query is open
Anirudh
(Expert) 21 August 2012
Dear Mr. Jayant,
So far my doubt has not let me down.
As I suspected that the property in question may not be 'ancestral', it turns out that the property is not at all 'ancestral'.
Further more, you have also indicated that the property was mutated in the name of your father, deceased uncle, younger uncle and unmarried aunt. This is possible only when the property is inherited.
Having inherited the property from his deceased mother, your uncle was the absolute owner of his share in the property. Therefore he was free to do whatever that he wished to do with it. If in his wisdom and wish, he had WILLED that property to his brother's son, he is absolutely well within his legal rights, and the said WILL is quite valid.
