Whether ancestral property can be bequeathed by a will
PEER MOHAMED
(Querist) 15 December 2011
This query is : Resolved
WILL made on self acquired property, but, by mistake, while writing the WILL, the writer mentioned as ancestral property. The Testator is no more and the sole beneficiary got executed the WILL in his favour with out any objections from any one and the beneficiary got patta, Chitta, Adangal, etc.,in his name, who is selling a part of his property to me. Whether shall I buy such property? If so what precautions, I should take? How to make the Sale Deed in such case? What is the remedy to make the Title of the Property clear? He already made a sale of a part of land to one of my friends last year, when we haven't found out this mistake in the WILL. Now, what the purchaser has to do to make his purchase good and valid and to make his Title good? Please advise me by return. Thanking you in advance.
Raj Kumar Makkad
(Expert) 15 December 2011
As the property under sale was not ancestral and was wrongly mentioned therein and no other legal heirs of deceased raised any objection thereon as on date and even your friend has already purchased a part of property without inviting any problem, you can also follow him as there is no major wrong in will and ancestral word put with the property self acquired by testator shall correct it even if any problem arise in future.
PEER MOHAMED
(Querist) 16 December 2011
Dear Advt. Raj Kumar Makkad Sir,
Good day! I sincerely thank you very much for spending your valuable time, analysing and answering my query.
As you have rightly said in your profile that no one is perfect in law. I agree to that. But, it is not only to the extent of law, whereas it applies to all field.
No matter about perfection. No one except the Creator can be perfect. But, sincerity, involvement and dedication counts.
Thanks a lot, once again.
Best regards,
A.Peer Mohamed
