Registered Will in my name. Can any relative claim right in it?

My father's brother, single and with no children received property after the 1947 partition claim, which he transfereed in the name of one of my brother after he expired. My brother met an accident and died due to which the property was transferred in the name of my mother. She on her death made a registered will in my name.

1. Does this property now still come under ancestral property

2. Can rest of my brothers/sisters claim their right on the property?

Answers (1)

119 votes

We have to first examine, whether the property of your father’s brother was ancestral property or self acquired property. 

Further, please specify, how was the said property was transferred to your brother and mother.

Furthermore, it is pertinent to mention that a pre requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property. The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above in other words it should be intact single property which is being used jointly by all members of the Hindu Joint family. 

The Karta or the Manger of the Hindu family has no right to make any 'Will' with regard to the whole of the property however he can make 'Will' with regard to his share in the ancestral property or even use this property for the purpose of family benefits only & not for his personal purpose. 

If the property of your father’s brother was self acquired property then he has right to dispose the said property by Will to any person. In such case the property inherited by your brother will not be an ancestral property. Further, after death of your brother, your mother inherited the property of your brother by virtue of Section 10 of Hindu Succession Act 956 which reads as:- 

Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- 

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share. 

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. 

Rule 4.- The distribution of the share referred to in Rule 3- 

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion. 

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions. 

Therefore, your mother also inherited the property from your brother, so in our opinion the property is not ancestral. However, this opinion is not final  as mentioned aforesaid, we will need the above mentioned fact  and need to examine the title of property to provide you with final opinion.

Kindly contact us for any further details and action.

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