In Brief
This appeal concerns a property dispute where the trial court found property to be ancestral/joint family property and invalidated a Will. However, the First Appellate Court and High Court only examined the Will's validity without addressing whether the property was ancestral or self-acquired—the foundational issue that determines whether a Will's validity is even relevant. The Supreme Court upheld the High Court's recall of its earlier order and remand to the First Appellate Court, holding that the property's character must be decided first. Only if property is self-acquired can Will validity be questioned; if ancestral, inheritance is governed by succession law, not the Will."
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