Ancestral property transferred via will


Hi,

 

My grandfather has ancestral property (I am sure its ancestral because it came from his father to my grandfather) has done a will(in year 2000) to his 2 sons A & B before his death. Both of the sons transferred the property to their name as per will.

1. Does it become Self acquired for A & B? and it loses its ancestral nature? as this is not done via partition deed.

2. Now X & Y are sons of A,  X is claiming 1/3rd in A's property as it ancestral. Is this Valid?

 

Regards,

Manu

 
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Answers:

 

1.Any person can be made a 'will' if the property is earned by his own income. i.e. if he is an absolute owner of the property.

 

2.You have not given the details of your grandfather's survivor details.

 

3.You have not given the details of your father's other survivor details.

 

4.You have not made available the details of X, Y'S age at the time of making will(200).

 

5. Even the 'will' can be challengable.

 

        I think I have made it clear to you Sir..

 
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2.Grandfather is not alive, His sons A &B are alive . NO issues between A & B

3. Son's of A , both X & Y are alive

4.In Year 2000 when will was made X was 21 years and Y was 16 years

 

My questions

1. Can A Gift the part of property (which he got through will) to Y?

2. Does A has right to gift the property

3. Now, A has gifted property part of property to Y, Can X go court to cancel the gift deed?

 
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FIN

Obtain certified copies of mutation record and understand how the property devolved upon Grandfather from his father......................................Was it partitioned?

Was it partitioned by your grandfather?

The Grandfather can give away his Share only by WILL. 

If property acquired by WILL, Partition deed acquires status of self acquired.

If property was self acquired for your father he can give it to anyone in his life time by gift/sale deed.........................etc or by WILL.

You may approach a local lawyer well versed with local laws also and share the property was agricultural or not...........................too?

 
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