property transfer by registered will
5 months ago
my maternal grandmother who passed away recently has registered WILLED her property to my mother in year 2012. the property is inherited from her father in law and the full property was divided amongst her and her husband (my grandfather)in year 1978.
half share came to my grandmother and another half to my grandfather. after the demise of my grandfather, his share of land was divided amongst all the legal hiers {5 children and wife i.e my grandmother}.
now my grandmothers share pf property ,she has already gifted some part to her three children, had given some money to by check to forth son and remaining most of the land to my mother {her eldest daughter}
now when we went ahead with mutation of property by presenting the REGISTERED WILL, the 3 children have challenged it by saying it is a ancestral property and also that the will is made under undue influence .
my question is after divination of property amongst husband and wife {grandfather and grandmother }, will the property treated as ancestral or inherited / self acquired?
- on what grounds can we defend the will is right and it is valid and was made under no undue influence?
- can we also challenge the gift deed, as it is also made within the same property to her other three children?
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided/partitioned or sold off. Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. The Succession Act of 1956 governs the devolution of property through inheritance and specifies that a person must get a probate deed in order to transfer property. If the beneficiary wants to take advantage of a Will, then he has to seek a declaration from the Civil Court of competent jurisdiction and the revenue authorities have no jurisdiction to mutate the name based on Will. There is no limit for of three years for probate as held by the Hon'ble Supreme Court in the case of Krishna Kumar Sharma v. Rajesh Kumar Sharma vide order dated 27 March 2009. A probate of will can be filed after 3 years with a petition for condonation of delay. If a will is challenged for fraud, misrepresentation, or undue influence, the time limit is generally three years from the date of the death of the testator or the date on which the fraud, misrepresentation, or undue influence arose. discovered, whichever is later. If a Will is challenged, the onus is on the propounder of the Will to prove its validity and execution. The propounder must show that the Will complies with all the statutory formalities and that the testator signed it out of their own free Will, while being of sound mind and aware of the contents of the Will. According to Article 59 of the Limitation Act, 1963, a person who seeks to have the Gift Deed canceled (the plaintiff) has three years from the day he or she learns of the fact that entitles him to do so to have the Gift Deed cancelled or set aside. Reach out to an Advocate with the property documents whatever are in your possession or accessed from the sources for guidance and steps.
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