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When the husband gives property to wife by executing will it lose the character of ancestral property

When the husband gives property to wife by executing will it lose the character of ancestral property

Kishori Lal Vs Lajwanti and Ors

Himachal Pradesh HC


CMPMO No. 346 of 2020

About/from the judgment:

"This Court finds no merit in the aforesaid submission of learned Counsel appearing for the plaintiffs because bare perusal of copies of Jamabandis for the years 1982-93 and 2010-2011, reveal that part of suit land comprising of Khasra No. 454, 455, 456, 457, 458, 459 and 460 was owned and possessed by Prema, husband of defendant No. 1 and same subsequently came to be inherited by defendant No. 1, Lajwanti. Perusal of Jamabandis as referred to above, further reveals that land comprised in Khasra Nos. 399 and 400 was jointly owned and possessed by defendant No. 1 alongwith others. As per recital in the Will dated 2.7.1997, placed on record by plaintiffs, late Prema was having one daughter and four sons, besides his wife and he had executed Will since his sons were not serving him and his wife. He bequeathed entire property in favour of his wife, who, after having become absolute owner of the part of suit land, transferred the same to defendants Nos. 3 and 4, for considerations of Rs. 30.00 Lakh and Rs. 10.00 Lakh, respectively. No material worth credence has been placed on record by plaintiffs suggestive of the fact that husband of defendant No. 1, Prema, had inherited suit land from his ancestors but even if it is assumed that suit land was ancestral in the hands of late Prema, it lost character of ancestral property after having been inherited by defendant No. 1 from Prema by way of Will. There is no dispute that plaintiffs have not challenged Will in the present case and as such, they have no right, title or interest over the same." [para 11]

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