Dear sir, My grand father had four sons. The eldest one died in 1965 leaving behind his widow and no child. My grand parents died in 1999 without parting the ancestral property among his sons and the widow daughter in law. All the property still remains in the name of my grandfather. Recently my widow aunt had died. Since she had no child, the last rites were performed by one of my cousin. Now my cousin has started saying that my widow aunt had written a will in his favour for transferring her share in ancestral property to him. I don't know if the will is registered or not. My question is can the undecided ancestral property be transferred through will? Is the claim of my cousin legaly valid?
After the demise of your grandfather, all his properties devolved into four equal shares, one each to his three sons and one daughter in law. However, since no partition was ever done between the four beneficiaries(as it appears), the property/ies continue to remain undivided. Despite this, it was free for your aunt(now deceased) to have passed her undivided 1/4 share in the properties left behind by your grandfather; a right which she has exercised and there appears to be nothing wrong in it.
The widow aunt doesn't have any share in the property as the property is ancestral. She has a share in the self acquired property of her husband but no share in her husband's ancestral property. Her husband's share will go to her brother in laws.
Any undivided share can be transferred through will or by direct transfer. Such transfer is valid. But simply claim execution of will is not sufficient. Creating a false will is not sufficient to transfer the property mentioned in the will if at all there is will. In the first place the will has to be probated, that is filed in district for appointment of administrator by the Court who will transfer the property as stated in the will in favor beneficiaries. The will has to be submitted to the Court as soon as it is challenged.
It is necessary to peruse will to advice
it is not mandatory to register the will
Widow is at liberty to bequeath her share by will
will should be attested by 2 witnesses
Dear Querist
As your aunt was the shareholder in the property of his father-in-law if he died intestate as she was the widow of his predeceased son. she had a right to execute a will in favor of anyone regarding her share in the property, if there is any Will executed by her in favor of your cousin then he will be entitled to get her share.
the claim of your cousin is legally valid if there is a genuine Will executed by her in his favor.
But you may challenge that Will if you have any doubt about the execution of Will.
Feel Free to Call
Dear Sir/Ma'am,
1) The widow of the deceased son had a share in the undivided ancestral property.
2) The widow also had legal rights to dispose her share in the property through will.
3) Thus if it is a valid will, the cousin will have right to the widows share in the property.
Thank you
1. No. The childless Widow could not have claimed her share through specific individual partition, even though she was entitled to her deceased husband's share in the property which she would have got when the partition for all the legal heirs was effected.
2. Hence the WILL purported to have been executed by the deceased widow will not be legally valid. The claim of your cousin is not legally valid.
3. Registration of WILL is not compulsory but only optional. Even an unregistered WILL will have the same validity as that of a registered WILL.
U R Welcome.
Let your cousin produce the copy of the Will and file a suit for partition claiming her share in the undivided property before court.
In that situation, if the Will is found to be genuine, then he, as a beneficiary can claim her share in the property on the basis of the Will she has made in his favor.
- As per law, after the death of your grandfather intestate , his property would be devolved upon all legal heirs equally, each will get 1/4 share of the property .
- Further, the said widow will have her equal share after the death of her husband and she having her right to transfer her share to any one by WILL
- Since, the said cousin is having WILL , then he can claim the share of widow
- As per law , registration of WILL is not mandatory , this WILL must be signed by the widow in the presence of two witnesses.
- However, if there is dispute amongst legal heirs , then cousin cannot get any share of widow without probate that WILL from the court.
You can contact me , if further suggestion needed.
- It is still undivided ancestral property so her share can be transferred through WILL.
- WILL not need to be registered.
- But first WILL have to be probated.
- The WILL can be challenged.
1. She can bequeath her share of her husband's share of her father in law's property by executing a will which is not required to be registered mandatorily.
2 However, your said cousin shall have to apply for and avail grant of probate of the said will bit for which the will shall have no value more than a scrap paper.
3. If he files the probate application, all the other legal heirs of your said Aunt will be send copy thereof to enabkle you to contest the case, if found necessary.
4. You can file a partition suit claiming your share of your said Aunt's undivided and undemarcated share of her father's properties and thereafter the claim of the will shall surface out formally to enable you to counter it.
1. Firstly it not clear on what basis you call the property ancestral. Under Hindu Law a property attains ancestral character only and only if it remains undivided for four generations. Be that as it may, one can always bequeath his share in the ancestral property.
2. Whether will is registered or not is something you can find by conducting a search in the office of jurisdictional sub-registrar.
