will without partition in toto

Querist : Anonymous (Querist) 25 February 2010 This query is : Resolved
Dear Sir,
my query is that certain ancestral land some of which is partitioned and the rest is not partitioned but still remains in the name of the father as he is the karta. Can the will be written by the father of the complete ancestral land which is not partiotioned ? can the father again change the distribution of the ancestral land earlier allotted to another member in partition by writing a will ?
Sir please do enlighten me.
Jankidas

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Raj Kumar Makkad (Expert) 25 February 2010
No. Such father is just karta of the family and not exclusive owner hence he cannot make any will qua the ancestral property as in the given facts.

Arvind Singh Chauhan (Expert) 25 February 2010
I agree with Raj Sir.

Swami Sadashiva Brahmendra Sar (Expert) 25 February 2010
Father can make a will only with regard to his own shares.

seshagiri Rao (Expert) 25 February 2010
The father cannot bequeath the entire ancestral undivided land through a will.But he can bequeath only to the extent of his undivided share in such joint undivided property through a will deed.
Father cannot unilaterally change the distribution of the ancestral land which is already partitioned by writing a will

Querist : Anonymous (Querist) 26 February 2010
Thanks sir for being kind to answer my query.
With regards.
Jankidas

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