Inherent property can transfer by will
bishal shaw
(Querist) 02 September 2012
This query is : Resolved
my gf have 4 bigha of land in uttar pradesh . which was he got from his father. now he wanted to make a will to give this land 's right to his one son out of two. can my grandfather can make will in favour of my father or me.he do not want to share this property to his elder son.this is a agricutural land in uttar pradesh.plz suggestsir.....
prabhakar singh
(Expert) 02 September 2012
Unless the origin of property is traced to be as SIR or KHUDKAST in record of rights before abolition of Zmindari,yes ! he can execute the desired WILL lawfully.
bishal shaw
(Querist) 02 September 2012
sir what is sir and khudkast.
prabhakar singh
(Expert) 02 September 2012
SIR and KHUDKASHT (now not in existence)were class of land retained by land lords for cultivation of their own personal use,and were not lent to tenant on rent for cultivation.
So if your ancestors were Zamindars in those times only then this possibility may arise,otherwise not.
Secondly,mean while at least one CONSOLIDATION must have gone finalized after Zamindari abolition which shall work as defense to any claim of property being ancestral by the son desired to be discorded by will.
On plain surface of law as it is in U.P.,any one recorded as Bhumidhar or Sirdar of any agricultural land is treated
to be an absolute owner and has right of absolute disposal,no ancestral property claim play comes forward in his way.
bishal shaw
(Querist) 02 September 2012
sir can u tell me that this is my grand father 's father land.we have a paper of uttar [pradesh govt . which written the name of his father name and my grand father name .that book is called KISSAN BAHI KHATA .HE GOT SICHAYI RECIPTS EVERY YEAR. CAN HE TRANSFER THIS PROPERTY TO HIS ONE SON WHO IS MY FATHER . NOT TO MY UNCLE .IS THIS CAN DO BY THE WAY OF WILL.
prabhakar singh
(Expert) 02 September 2012
Yes! he can but the WILL with regard to agricultural land in U.P. is required to be a registered one.
bishal shaw
(Querist) 02 September 2012
after making a will. we registed from the sub registrar in kolkata
bishal shaw
(Querist) 02 September 2012
but as per hindu act ancestral property can't trasfer by will. is this is true .sir advice clear;ly sir ...
prabhakar singh
(Expert) 02 September 2012
Hindu Succession Act has no application with respect to agricultural land in U.P.
The U.P.Z.A Act itself lay down the rule of succession independently and also lays down law with regard to WILL and testamentary rights of Bhumidhar and Sirdar class of tenures.
bishal shaw
(Querist) 02 September 2012
its mean that he can trasfer this property by the way of will. no one from my uncle family can challenge after my gf .
bishal shaw
(Querist) 02 September 2012
its mean that he can trasfer this property by the way of will. no one from my uncle family can challenge after my gf .
prabhakar singh
(Expert) 02 September 2012
NO! It does not mean what you are trying to deduct wishfully.
A will comes in force after the death of the testator.
A testator's legal heir can challenge it in court of law on the ground that no free consent was there to the execution of will by the testator and it was obtained by playing some misrepresentation,fraud,or coercion by the benificiary.
One who propounds the will in court as beneficiary is under legal duty to prove the will beyond every doubt surrounded.
Does the will state reason of discording other son?
Does your grand father also lives in kolkata or he was there only for this purpose?
bishal shaw
(Querist) 02 September 2012
he live in kolkata for last 35 years with us.he want to give this property because his elder son get more than half property of share. that why he do not want to share uttar pradesh land to his elder son.my father is with my gf and grand mother . uncle is live apart from his father and mother.
prabhakar singh
(Expert) 02 September 2012
IF WILL STATE ALL REASONS OF DISCORD AND WITNESSES ATTESTING THE WILL ARE RELIABLE THEN IT IS OKAY.
bishal shaw
(Querist) 02 September 2012
is it necessary to get will registered from sub registrar in kolkata or in court.where i can register the WILL.
bishal shaw
(Querist) 02 September 2012
DNT SAY THAT SIR,I AM LITTLE BIT CONFUSED....
THATSWHY I AM ASKING
prabhakar singh
(Expert) 02 September 2012
MY EMAIL ADDRESS IS psinghadv@gmail.com and my fees for advise is 50k.
bishal shaw
(Querist) 02 September 2012
THANKS FOR YOUR CORPORATION
bishal shaw
(Querist) 04 September 2012
can my grand father do will of this land?which is ancestral property .owner of property is my grand father who have two son. but want to make WILL IN FAVOUR OF MY FATHER. MEANS ONLY HIS ONE SONS. CAN HE DO SO.LAND IS IN UTTAR PRADESH AND HE IS IN KOLKATA. AND ALSO PROVIDE THE DETAILS OF WILL PROCEURE
