Kindly advice?
AMITS
(Querist) 24 April 2014
This query is : Resolved
I WANTED TO KNOW IF SOMEONE WHO BEFORE HIS DEATH HAS MENTIONED IN AN UNREGISTERED WILL ABOUT THE PROPERTY HE/SHE HAS AND HAS ALSO MENTIONED THAT THIS PROPERTY WAS PURCHASED FROM THE INCOME GENERATED BY THE ANCESTRAL PROPERTY,WILL IT BE CONSIDERED AS ANCESTRAL PROPERTY OR PROPERTY WHICH IS SELF EARNED? CAN HE OR SHE MENTION IT IN HIS HER WILL, IS IT LEGALLY CORRECT OR INCORRECT?
ROHIT SHARMA
(Expert) 24 April 2014
1. The mention of the relevant facts as that such property was established by such testator from the income generated from the resources of ancestral property then such facts are admissible as evidence that such property mentioned in his Will is not his own self earned property.
2. Such mention can be made by a testator in his Will. The legality of the bequeath of property is another issue.
3. If you still feel the need to have more amplification on such issue you can consider to talk to this lawyer with an understanding for post paid phone consultation charges.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M): 09824047971.
E-Mail : lawgate1349@gmail.com.
Sourav Das
(Expert) 24 April 2014
such property will be regarded as ancestral property.
will can not be made of an ancestral property.
Devajyoti Barman
(Expert) 24 April 2014
The same will be treated as self acquired property of the beneficiary.
Rajendra K Goyal
(Expert) 24 April 2014
Would be treated as self acquired, agree with the expert Devajyoti Barman ji.
Dr J C Vashista
(Expert) 25 April 2014
It would be self-acquired property and the will shall be probated without any problem provided some one has witnessed the testator signing or identify his/her signature.
Biswanath Roy
(Expert) 25 April 2014
The testator can mention the source of money he utilised in purchasing the property although it was not needed to mention in the will. The property although it is unregistered it is valid but it is to be registered by identifying the testator's signature. IF IT IS THUMB IMPRESSION THEN THAT CAN BE VERIFIED BY AADHAR CARD.
