Will document valid or not for making ancestral property
Guest
(Querist) 27 May 2015
This query is : Resolved
Dear Experts,
My Uncle was made a registered WILL document of 6 acre all ancestral agricultural land to his first son named in the year 2009. WILL document was registered without knowledge of his second son. Then my uncle and his two sons 6 acre equally shared 2 acre each by registered partition document in the year 2010. My uncle was died six month earlier. Hence, please kindly advise me the following my query.
1) Will WILL document applicable remaining father’s 2 acre share?
2). Will WILL document legal/valid this stage which was made before partition document and all 3 persons
ancestral shares included?
3). Can first son claim his father’s 2 acre land by WILL document?
I am looking for your kind advise in this regard.
Thank you for all Experts.
Advocate Ravinder
(Expert) 28 May 2015
The “will” will be activated on the death of your uncle. Since your uncle has not died and still alive, the registered will has not activated. Since the three i.e. your uncle, his first son and second son have entered into registered partition deed, they are entitled to get Ac. 2-00 each and the registered will is automatically cancelled.
Now coming to your father’s share, check up how much property your grand father was having. You have not mentioned your GF is still alive or dead. Depending on your answer I can reply to your query.
Guest
(Querist) 29 May 2015
Sir,
Thank you for my query reply. All 6 acres were belonging to Grand father's named. He make a Will document before his death to my uncle named, Then my uncle make a will document same 6 acre to his first son named. After that partition document was prepared for 2 acre each. Now uncle died and his named 2 acre remaining, who is eligible for this 2 acre share? first son or second son or both of them equal.
Please advise sir,
Thank you.
Advocate Ravinder
(Expert) 29 May 2015
The share of your uncle i.e. Ac.2-00 will go to his wife, first son and second son equally.
You or your father will not get anything since your GF had executed a will in favour of your uncle.
Rajendra K Goyal
(Expert) 01 June 2015
After death of your uncle, land available for distribution remained in the name of your uncle, would go as per will.
Rajendra K Goyal
(Expert) 02 June 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Ask-ancestral-propertty-registered-will-document-s-valid-539186.asp#.VW0z8NKqqko
T. Kalaiselvan, Advocate
(Expert) 04 June 2015
It is reported that your uncle has executed a Will duly registered bequeathing his entire property in favor of his first son. Subsequently he partitioned the same property with his sons by retaining a share for himself. This implies that the Will stands cancelled automatically because the Will has not come into force at the time of partition thus it becomes infructuous when the property was disbursed. Now upon the death of the uncle the property now standing on his name shall devolve equally on all his legal heirs. The Will cannot be enforced.
The recital of Will to be seen for more precise opinion.
