Dispute has arisen regarding the inheritance and distribution of ancestral and self-acquired properties within a family.
Background:
1. The Grandfather (G) owned properties in two villages:
- 5 acres of self-acquired land and 5 acres of ancestral land in village A.
- 4 acres of self-acquired land in village B.
2. Father (F) was initially married to Wife 1 (W1), with whom he had a daughter (D). In 1960, Father got a registered release deed from W1 to permit him to remarry. He never got a divorce in court. Later, Father married Wife 2 (W2) and had a son (S) from this second marriage. W1 remained as the first wife until her death in 1985.
3. On the same day, the Father got the release deed from Wife 1 (W1) in 1960, grandfather wanted to leave some property to his granddaughter (D) to support her livelihood, as he was unhappy with the decision of Father. Being illiterate, he was not aware of the legal terms. So, instead of gifting it to the minor granddaughter, he wrote an indemnity bond for a loan for 10 years pleading 4 acres of his self-acquired land in village B.
4. Grandfather died in 1976. He neither repaid the loan nor cancelled the indemnity bond because he considered it a gift to his granddaughter (D).
5. Meanwhile, in 1967, Father (F) registered a will to his son (S), bequeathing his properties from self-acquired and ancestral. However, in the will, he mentioned only the self-acquired and ancestral properties in Village A. He excluded Village B, because in the family, it was considered as a gift to daughter D. The will is general and has no specific particular on properties but included a general statement: "I have self-acquired and ancestral properties in village A, and other moveable and immovable assests. ........... Whatever I have now and get in the future will belong to my son." F committed suicide in 2020. Until his death, he never cleared the indemnity bond, and the property in B has the encumbrance in the daughter D's name.
6. However, on the death of Grandfather in 1985, Father F changed the land ownership document (Pahani/Battaa) in village A and Village B to his name.
Key Questions:
1. Can the 1976 will, written by Father F, cover the ancestral and self-acquired property of GrandFather who was live in 1976 and grandfather’s properties were in his name? He wrote the will for ancestral property merely by anticipation. Grandfather G never bequeathed or gifted any property to Father (F) during his lifetime. Father, being the only son, changed the land ownership with the legal heir certificate after the death of Grandfather.
2. Does Daughter D have a claim on the ancestral and inherited properties of Father from her Grandfather or everything is lost in the will?
3. How does the unresolved indemnity bond (created by Grandfather in favor of D) help D?
Son from the second wife wants to take the entire estate without giving any single piece to the daughter D from the first wife.
Legal experts, please help the daughter from this unfair condition.
