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in Family Law Property Law
Asked July 18, 2017

Will made by grandfather on ancestral property valid or not

  • 1 Answer

My grand-father died in year 2002 and had made a will to transfer major part of the ancestral property (farm land) to my brother. My brother's name has been appearing as Owner on the RTC (Record of Rights, Tenancy and Crops) record. My father died couple of months ago and I came to know about this now. I have few questions around this a) Is this will made by by my grand-father valid since this involved ancestral property ? b) Can I get my rightful share of this willed property ? c) What is the process for me to claim my rightful share ? Thanks!

Answer 1

Assuming that you are a Hindu, the Hindu classical and succession law will be applicable. If it can be proven that the property you are mentioning was a joint ancestral property with grandfather being the Karta then you have a right in it being a coparcenor. However if the property willed is gradnfather's separate property then he has all the right to dispose off the property in the manner he deems fit either by selling or gifting or writing a will under section 8-13 of the Hindu Succession Act  2005.

The will can be challenged if it is not registered and if you have reason to prove that it is fake or has been changed or forced to be written.

Agree Comment 0 Agrees over 3 years ago

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