Right to transfer property through will.
MAYURESH
(Querist) 14 October 2012
This query is : Resolved
SIR,
I AM ASKING A QUERY REGARDING WILL AND DIFFERENCE BETWEEN ANCESTRAL AND SELF EARNED PROPERTY.HERE I AM GIVING ALPHAETICAL LETTERS TO RESPECTIVE PARTIES.
J-HAS AGRICULTRE AND NOT AGRICULTURE LAND IN MAHARASHTRA.
"K","V",AND "S"(DAUGHTER)ARE HEIRS OF "J".
NOW, J HAS LIVING IN K'S HOUSE AND ALL EXPENSES EAR Y ONLY K SINCE LAST 20 YEARS(AFTER DYING J'S WIFE).
K HAS TWO SONS "G" AND "M"(AOVE 80% DISABLED).
J DID HIS WILL BEFORE DEATH AND TRANSFERRED HIS WHOLE PROPERTY TO "M" DUE TO LOVE AND AFFECTION AND FOR GETTING HIM FININCIAL BACK UP.
AFTER DEATH OF "J" WHEN "M" REQUESTED TALATHI TO ENTRY ON 7/12 AND ON NOT AGRICULTURE PLOT, TALATHI ASKED "V" AND "S" AS THEY ARE HEIRS OF "J"
NOW, "V" AND "S" ARE ARGUING THAT "J" HAD NOT ACTUAL RIGHT AS THE LANDS ARE ANCESTRAL PROPERTIES.
BUT WITH THE FERFAR DOCUMENTS, IT CAN BE UNDERSTAND THAT THE "J" HAD RECEIVED LAND FROM "N"(FATHER OF "J").
"P" WAS THE FATHER OF "N". AFTER DEATH OF "N" THE PROPERTIES WERE GIVEN TO "H" AND "N" IN 1:1(BOTH WERE BROTHERS).
AFTER THE DEATH OF "H" REMAING PROPERTY TRANSFERED TO "N" Y ORALLY (TOND KABULIYAT).
AFTER DEATH OF "N" PROPERTIS PASSED TO "F" AS WIFE OF "N" AND AS "J" WAS MINOR AT THAT TIME.
I WANT TO KNOW THAT WHETHER "J" HAD A RIGHT TO MAKE A WILL TO TRANSFER PROPERTIES TO "M"(GRANDSON OF "J")?
WHETHER "J" HAD ANCESTRAL OR SELF EARNED PROPERTIS?
CAN RECENT HIGH COURT JUDGEMENT RELATING TO "SOLE SURVIVOUR" APPLY TO THIS CASE AS THE "J" WAS SOLE SURVIVOUR FOR THESE PROPERTIS?
I AM WAITING FOR REPLY FROM VARIOUS LEGAL EXPERTS IN THIS FIELD.
adv. rajeev ( rajoo )
(Expert) 15 October 2012
When the properties are received by his father then these are all ancestral property to the sons of
