Vailidity of Will Deed over ancestral property

Is a will written by my late father giving away ancestral property to my sister valid? Can I contest against the will? I have no home of my own and this is the only place I can live in with my family. If the property goes to my wealthy sister then I will have no place to go.

Answer (1)

Team Legistify

  • Sector-1, Noida

One can make a WILL on Self Acquired Property only & not Ancestral or Copacenary Hindu Property. Firstly the court needs to established wither it qualifies to be an Ancestral Property, if proven that it is an Ancestral Property than the WILL will stand as in valid. A property which came in the hand of the holder from his father by way of succession becomes his self acquired property unless that property passed down to him undivided from forefathers in that case this may be considered as ancestral/copacenary Hindu family property.

Answered on 28 Sep 2018


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