Ancestral property law
S S Panesar
(Querist) 21 March 2012
This query is : Resolved
A buys a property and after the death of A his 3 sons inherit the their share of property .One of the sons makes his will for the same share of property.Is it challengeable as will for ancestral property?
Adv.R.P.Chugh
(Expert) 21 March 2012
He can validly make a will as regards his share in the property (though the person getting under will won't get right to joint possession and can only seek partition (again subject to other's right to pre-emption)
In a nutshell - he can.
V R SHROFF
(Expert) 22 March 2012
heirs can challenged, as they are deprived of their right of share in ancestral property.
ESTHERPRIYA
(Expert) 22 March 2012
He can write a will with regard to his share in the property alone.