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shreedhar naidu (self)     15 July 2018

Executing A will for Inherited Property

Sir
We are governed under HINDU SUCCESSION ACT.
My father-in-law inhereted 3.5 acres of land from his father.
He has 5 daughters and 1 son.
All are alive INCLUDING father-in-law.

THE QUERY IS :

Can father-in-law execute a WILL in favour of his son for the property which is not alienated?



Learning

 12 Replies

R.Ramachandran (Advocate)     15 July 2018

In which year your father-in-law got the land from his father?

Whether the land was purchased by your father-in-law's father or he also got it from his father?  If he purchased it, in which year he purchased it?  In case he got it from his father, in which year he got it?

abhishek sharma   15 July 2018

Sir in this case as being a hindu and as being an inheritance of property case all his daughters and son have equal share.
The will can be executed only in favor of son only when the property is self acquired.
there is one judgement I will let you know which allowed father to will the property to any one son but in that case when the father acquired the property he had no other brother or sister so he acquired as a single person and in that case court considered that property as self acquired but it's a very limited scope.

abhishek sharma   15 July 2018

Sir in this case as being a hindu and as being an inheritance of property case all his daughters and son have equal share.
The will can be executed only in favor of son only when the property is self acquired.
there is one judgement I will let you know which allowed father to will the property to any one son but in that case when the father acquired the property he had no other brother or sister so he acquired as a single person and in that case court considered that property as self acquired but it's a very limited scope.

abhishek sharma   15 July 2018

Sir in this case as being a hindu and as being an inheritance of property case all his daughters and son have equal share.
The will can be executed only in favor of son only when the property is self acquired.
there is one judgement I will let you know which allowed father to will the property to any one son but in that case when the father acquired the property he had no other brother or sister so he acquired as a single person and in that case court considered that property as self acquired but it's a very limited scope.

shreedhar naidu (self)     15 July 2018

Sir
R. RAMACHANDRAN
1. The said property was purchased by father of father-in-law vide registered sale deed dated 16-07-1928.
2. Father-in-law inhereted the said property in the year 1967.
3. Now, can father-in-law execute WILL in favour of his only son?
4. Father-in-law has not purchased any property.
Regards

R.Ramachandran (Advocate)     15 July 2018

YES.  The property inherited by your father-in-law is his personal property and not ANCESTRAL property. Therefore, being the absolute and exclusive owner of the property, he can dispose of the property in whichever manner that he chooses.  If in his wisdom he wants to WILL the property to his son, he can legally do so,  Nobody can object to the same.

abhishek sharma   15 July 2018

No Sir it's inherited property not self acquired. Self acquired is the purchased one this is not purchased so all the daughters and son have equal right in the property.

Kumar Doab (FIN)     15 July 2018

The said property is agricultural land, rural, Urban, or it is a building?

The property is in which state?

Confirm!

Kumar Doab (FIN)     15 July 2018

 

The nature of the property that devolves by inheritance, WILL, Gift…. is self acquired.

Son/daughter may have NO forced share in self earned/acquired estate of father.

A Hindu male say; father, can dispose in his lifetime his estate/property by a valid WILL in anyone’s favor e.g; son.

He may not need anyone’s consent for doing so.

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 the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

Any WILL can be contested.

The best recourse is to request the father to leave some /equal share for daughter(s), amicably.

shreedhar naidu (self)     15 July 2018

Sir

KUMAR DOAB

The said property is vacant land in Bangalore Urban under Corporation limits.

The property is in Karnataka State.

Regards

Kumar Doab (FIN)     15 July 2018

Request the father to give some/equal share to daughters as well.

R.Ramachandran (Advocate)     16 July 2018

@Abhishek Sharma:  You say  " No Sir it's inherited property not self acquired. Self acquired is the purchased one this is not purchased so all the daughters and son have equal right in the property."

In my reply, did I say that it is self-acquired property?

What is the legal basis for you to say that " since the property s not purchased so all the daughters and son have equal right in the property."?


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