immovable property

bindhu (Querist) 27 October 2009 This query is : Resolved
I am male, hindu

if i get immovable property from my mother through will

can i make a will giving that immovable property to third party

my son and wife has any right on that immovable property

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Sudharsan.m (Expert) 27 October 2009
Depending upon the content of that WILL your wife and Son have rights over the immovable property. If they waive their rights then you can only sell that property not through WILL but by way of sale deed to the third party.

bindhu (Querist) 27 October 2009
This is not ancestor property it came to me from my mother
not from my father

Sudharsan.m (Expert) 27 October 2009
self acquired property of the father, son and wife is entitled, if you want to sell then you need to sell it to your son or wife, if they are not willing to buy, then you can always sell it other person.

Adv Archana Deshmukh (Expert) 27 October 2009
If your mother has given the property to you than, you can make a WILL giving that immovable property to any person/third party. In the absence of your WILL, it will devolve upon your son and wife.

Theja (Expert) 27 October 2009
You acquired the property from your mother. I have following questions upon the will and the property:

Is the transfer under the will an absolute transfer or are there limitations upon the same?

Is the property a self-sustained property?

If you have absolute right upon the property as pointed above then you can either will it or sell it to whomsoever you want; may it be your son, wife or any other third party. But, in the event of intestate succession the property will devolve upon your wife and son accordingly.

Anish goyal (Expert) 27 October 2009
Simple answer to your question according to facts provided by you is you r free to deal with property.

Raj Kumar Makkad (Expert) 27 October 2009
Yes. The property received through will in your name is equalant to self acquired property and your are free to dispose off it in any manner you wish including further will in favour of any person.