Grandfather's property

Querist : Anonymous (Querist) 28 May 2010 This query is : Resolved
can my father make a will for property which he got from partition after my grandfather death

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Raj Kumar Makkad (Expert) 28 May 2010
No.

Surrender K Singal (Expert) 29 May 2010
Such inherited property would similarly be shared by all the heirs of your father !

Vineet (Expert) 29 May 2010
IF the property was acquired by your grandfather from his own resources and your father inherited the same after the Hindu Succession Act, 1956 came into effect, he became the absolute owner of said property by virtue of section 6 of HSA and can make a will in respect of the said property.

However if the said property was ancestoral and your father received it merely on behalf of his branch of the HUF, the property belongs to the HUF and your father as Karta cannot confer any right by way of will in respect of such property.

Uma parameswaran (Expert) 30 May 2010
Your father can execute a WILL in favour of all legal heirs or to any one upon the permission of other legal heirs.

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