Will deed
sohail
(Querist) 13 November 2018
This query is : Resolved
My father is the owner of agriculture land and he want to make his will, he had six daughters and one son as his legal heirs and issues.
one property is under litigation in court. my father got decree and judgement in that suit and he had applied for execution petition, can that property also mention or include in the will.
my father wants to give all his ancestral property to his one son. and no share to his 6 daughters can he make will like this or not.
regards
Siddiqui
Guest
(Expert) 13 November 2018
If it is his own self acquired and self owned property legally he could make a Will of his own choice. Discuss with local Advocate disclosing all the facts and documents.
Adv. Yogen Kakade
(Expert) 13 November 2018
Self acquired / owned property even though under any litigation can be mentioned in will. But the ancestral property shall only be divided as per the succession.
P. Venu
(Expert) 13 November 2018
Any suggestion depends upon the personal law involved. Under Mohammedan Law, only one-third of the property could be given by Will. The property under litigation could be included.
Kumar Doab
(Expert) 13 November 2018
The owner/title holder may bequeath the property as in Query.
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
The WILL should be in accordance with provisions of personal law/enactments that apply to satisfy the test of law.
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register and notarize the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Kumar Doab
(Expert) 13 November 2018
A person (testator) cannot dispose more that one owns by WILL and in case of ancestral property whole cannot be disposed by WILL since testator does not own the whole as there are other co-sharers whose share can be disposed by them only.
Thus a WILL disposing (whole) ancestral property may not be valid.
The provisons of personal law that applies may put some restrictions on disposing estate/property e.g; 1/3rd. A Muslim person may be allowed to exceed its limit on testamentary power of 1/3rd , ¼ th more in case where heirs gives consent or only heir is husband or wife or more if all legal hiers give consent as per various publications.
For concept of ancestral property also look intoprovisions of personal law that applies e.g; Hindu, Muslims.
Since there are hazards associated with WILL IT shall be appropriate to consult before acting on one’s own.
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g;, Revenue/Civil courts, HC, SC …
You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably specializing in Testamentary Succession/Civil matters.
Such counsels can help to draft the WILL to stand test of law.
Such counsels can also help to partition the property with boundaries and register IT.
IT is better to register the WILL as registered WILL is not easily set aside atleast on counts of authenticity.
Dr J C Vashista
(Expert) 14 November 2018
@ Sohil,
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Read more at: http://www.lawyersclubindia.com/stream/selfstream.asp?member_id=106320
You should join a tutorial class.
LCI Admin,
Is it not an abuse of this platform ?
