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vivaasvann (PM)     29 October 2015

Self acquired property

Respected All,  My humble request to you all is please answer my query. Thanks in Advance.

My Grandfather purchased a property in Hyderabad in my Father's name in 1956. My Father was 8 years old and at that time. No need to say he was a Minor. MY GRANDFATHER KEPT THE FACT "THAT THE PROPERTY WAS PURCHASED IN MY FATHERS NAME" A SECRET. Till today in the Registration records, the property is in my fathers name. My Grandfather PASSED AWAY IN 1979. My Grandfather EXECUTED A WILL ON THE SAME PROPERTY IN 1977 AND GOT IT REGISTERED. In the will he mentioned that it is his self acquired property. Since the property was /is in my fathers name, my father in 2014 gifted the same property to me.

My Question -

1.        Is my Grandfather's WILL any VALID?  Since it was purchased in my fathers name, i think my father was / is the Sole Owner of the property. When this Will was executed, my Father was 27 years and a major.

2.      HOW CAN MY GRANDFATHER WRITE A WILL ON A PROPERTY THAT HE DOES NOT OWN?

3.    MY ARGUMENT IS THAT - MY FATHER WAS THE OWNER OF THIS PROPERTY TILL HE GIFTED IT TO ME. 

4.     What is the defination of a SELF ACQUIRED PROPERTY

5.     will i be right, if i assume that "A PROPERTY WILL BE SELF ACQUIRED IF IT IS PURCHASED BY HIM OR HER IN HIS OR HER NAME with HIS OR HER FUNDS.

awaiting your kind reply's

Thanks.

 



Learning

 3 Replies

slakshmanrao (accounts officer)     29 October 2015

Present Status position of mother will show the correct route.In the sense, consent of mother will be required if applicable,to inherit the self earned property...

adv.raghavan (Advocate,9444674980)     31 October 2015

Your grand father has to no authority to write a WILL, the property belongs to your father as of today he can very well gift the same to you. You seek to declare the WILL drafted by your GF as null and void. One thing i fail to understand, why your father FAILED TO RAISE ANY OBJECTION , when WILL was written by GF?

slakshmanrao (accounts officer)     01 November 2015

The opinion expressec by Adv.Raghavan is procedurally effective,in as much as the fact that the property is in the self earned category...


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