will of ancestral property

Querist : Anonymous (Querist) 31 May 2010 This query is : Resolved
we are three brothers and one sister.I am the youngest among all.my father has several ancestral agriculture land in UP.My father made a registered will of a major part of ancestral agriculture land in my favour in 2007 and all other legal heirs witnessed the registered will. Last year my father died at the age of 77 .After that Will was probated (two legal heirs witnessed the genuine ness of will and mutation was made in my name .Now my sister want his share in tis property.Is her claim legal?

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adv. rajeev ( rajoo ) (Expert) 31 May 2010
your father could have disposed his share in the ancestral property by way of will. He cannot dispose the entire properrty.

G. ARAVINTHAN (Expert) 31 May 2010
Your father have no right to dispose ancestral property.

Swami Sadashiva Brahmendra Sar (Expert) 31 May 2010
Dear sir Rajeev and Ganeshan,
The land in question is "agricultural land in UP". It is governed by U.P.Z.A. and L.R. Act and not by personal laws. Here a bhumidhar (land owner)has right to transfer including making of will of his property. Further, sons do not have right by birth in ancestral agricultural land under aforesaid Act i.e. sons have no right during father's life time.

Pankaj Mehta (Expert) 06 June 2010
Tripathi ji,
let me know in this case personal laws will be having overriding effect upon state laws or not?? otherwise definately father can not dispose the whole land including shares of his daughters too, suit for cancellation of registered will can be filed by the daughter, if they belong to hindu community

dinesh (Expert) 27 August 2010
GG

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