Making of will

shreedhar naidu (Querist) 27 November 2015 This query is : Resolved
Sir,

My father-in-law is having ancestral property. He has five daughters and one
son (all alive).

He is having about 40000 sft of vacant land.

He is not willing to partition the same to his children.

Can he make a will for the above said vacant land ?

Please let me know.

Regards.

Shreedhar Naidu

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Kumar Doab (Expert) 27 November 2015
Hope you are sure and have confirmed that it is ancestral property and is not self earned/self acquired.

You have posted that it is ancestral property and your father is alive.

All successors/legal heirs may try for amicable family settlement deed (registered) or file for partition.

Nitish Banka (Expert) 27 November 2015
If its ancestral property your father cannot dispose the property.
Nitish Banka
9891549997

P. Venu (Expert) 28 November 2015
If it is ancestral property, the legal heirs may file can file a partition suit.

Anyhow, what is the real issue? You want assist your your father-in-law or or you want your wife to get her share of property.

Rajendra K Goyal (Expert) 28 November 2015
How the property came in possession of your father in law? Who purchased it originally?

K.S.Srinivas (Expert) 06 December 2015
Agreed with Sri P.Venu.

shreedhar naidu (Querist) 07 December 2015
Sir,
One direct query, please.

My father has inhereted property from his father.

He has five daughters, including me, and one son.

All are alive, that is, father, daughters and son.

CAN MY FATHER MAKE A WILL AGAINST THE SAME PROPERTY AS HE IS NOT WILLING FOR PARTITION.

Regards.

Jayashree.

K.S.Srinivas (Expert) 07 December 2015
Your father-in-law is not willing for partition of the said property. Your father-in-law cannot write Will in respect of the entire ancestral property. However, he can execute Will in respect of his share in the ancestral property.

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