Burial ground

shyam lal (Querist) 19 February 2021 This query is : Resolved
I have a share of 1/3 as per Registered WILL of my late Mother in the undivided property.
Hence It amounts that my share of property is
defined legally self aquired.

Query is can I write a WILL
that I should be Buried in the aquired portion of property.

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Quick Summary

You've inherited a share of an undivided property and want to specify burial on your portion in your will. While you can express this wish, implementing it requires your share to be legally partitioned first. Even then, local municipal laws may dictate burial practices, so it's essential to resolve property division and understand relevant regulations.

kavksatyanarayana (Expert) 21 February 2021
Generally, burial ground will be in the outskirts of the town/village and hence it is not possible.

K Rajasekharan (Expert) 21 February 2021
One can write a Will.

But in order to implement the will the person who died should have got his portion of the undivided property, divided into its parts with definite boundaries, either in agreement with others two or by a court order.

The problem with the undivided share is that every inch of the property is every other person’s too, till it is divided.

Even if property is yours, burial is decided based on the local municipal laws. Hence one cannot insist that one should be buried in his piece of land even.

Message likes : 1 times

T. Kalaiselvan, Advocate (Expert) 29 May 2021
You should first enforce the Will nd get your share of property duly partitioned as per procedures of law.
You can then prepare a Will expressing your desire to be buried in the share of property that you acquired through the operation of the said Will.

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