KUMAR 21 June 2023
MY SISTER HUSBAND IS DECEASED AND THEY HAVE NO CHILDREN. I AM ONLY TAKING CARE OF MY SISTER AFTER HER HUSBAND DEATH. MY SISTER HUSBAND HAD ANCESTRAL PROPERTY BUT IT IS NOT PARTITIONED BETWEEN HIS BROTHER AND HIM, STILL THE PROPERTY TITLE IS IN THE NAME OF THEIR PARENTS. NOW I WANT TO WHETHER MY SISTER CAN MAKE A WILL FOR HER SHARE IN THE NOT PARTITIONED ANCESTRAL PROPERTY IN THE NAME OF ME.
IS IT POSSIBLE TO MAKE A WILL ON NOT POSSESSED PROPERTY?
T. Kalaiselvan, Advocate (Advocate) 21 June 2023
It is not known that whether her husband is having any share or rights in the property that are yet to be partitioned, and it also not known whether it is an ancestral property or self acquired property of his father or parents.
Your sister is a legal heir of her husband while your sister's husband's mother is also one of the legal heirs to him.
Therefore until and unless she is not having possession of property she cannot transfer the same to anyone
P. Venu (Advocate) 22 June 2023
How is that the property is ancestral? The property need not be ancestral just because it has been inherited from the parents.
Perhaps, a little more particulars as to the acquisition of the property by the parents would help us to give meaningful suggestion. Equally relevant are the particulars of the legal heirs of the parents and also whether the parents are alive or otherwise.
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