Information:
Mr. X from Andhra Pradesh (Kadapa District) has only two daughters namely D1 through wife W1 & D2 through wife W2 by 1950.
Mr. X has ancestral properties. Wife W1 died before marriage of both daughters D1 & D2 (by 1971).
After post notification of Agricultural Land Ceiling Act, Mr.X executed & registered a will in 1973 in favor of W2, D1, D2 with full rights which is effective after his death.
Mr. X died in 1974. Mr. X in his will distributed lands from different villages to each person, so that there will be clear seperation.
Land Ceiling Tribunal didn't considered the will which is registered post notification & claimed some lands, which is exceeding permitted limit.
The land was given to Land Ceiling Tribunal from partition of D1 being it costs less & loss is compensated by W2, D2 1/3rd share each to D1 which is undocumented.
From 1975 onwars, W1, D1, D2 are enjoying the properties as per Will by Mr.X. Claimed passbooks & paid taxes respectively. D1 even sold some property 1999 with Registered Sale Deed.
In 1996, the valuation for Lands owned by D2 raised due to industrialization.
D1 tried to mess with the Industry saying we are joint family, not to buy lands from D2 & industry rejected after verifying the will executed by Mr. X.
D2 didn't sell lands doubting legal issues may arise with D1 as her intentions are clearly observed with lawyer notice to Industry.
D1 has no possibility of children. Her husband H1 has son through other wife.
D2 has a son (D2S1) in 1984.
W2 executed & registered a will in favor of D2S1, effective after her Death.
W2 died in 2002.
In 2003, D2 came up with a legal case in Civil Court saying W2 isn't legal marriage with false ages of D1 & D2. Reduced the ages by 9 years.
D1 asked judge in Sr.Civil Court for equal share in each & every property. Unfortunately JUDGEMENT was IN FAVOR OF D1 as she asked.
In 2008, D2 went for appeal in District Court.
In 2009 D1 died.
In District Court, JUDGEMENT was IN FAVOR OF D1 as she asked.
Now the questions are:
1. As Mr.X has only daughers & having ancestral properties, Does Mr.X has rights to execute a WILL?
D1's advocate stated Mr.X doesn't have right to execute a WILL as it is Ancestral property.
2. What is the value & validity of Registered Executed will by Mr.X?
D1's advocate stated WILL by Mr.X is not valid as it was rejected by Land Ceiling Act.
3. Is it valid that D1 claimed properties as per WILL by Mr.X, enjpyed benefits from 1975 to 2003, sold some of the property, & come again saying partition again.
4. What is the right of Husband(H1) of D1 on D1's ancestral properties through Mr.x without having any children with D1.
5. Can Mr.X's grandson D2S1 claim the whole property of Mr.X? I mean Property of D1 as she doesn't have children wiht H1 & she isn't alive while H1 is alive.
6. If the WILL by Mr.X is not valid, then from property of Mr.X any WILL executed by D1 (without involving D2) in favor of anyone will be valid ?
Please let me know regarding any queries
