Is that possible to make will deed of ancestral property?
Sid Raj
(Querist) 30 August 2017
This query is : Resolved
Sir, My grandfather wants to give all the property to me instead of their son (My father) Is that possible?
Ms.Usha Kapoor
(Expert) 30 August 2017
Concepts Ancestral Property & Hindu law
Below are some of the important points on Ancestral property;
As discussed above, the property should have been acquired by your great grand-father and no partition has been done.
It should not have been divided by the members of a joint Hindu family as once a division of the property takes place, the share or portion which each member (Coparcener) gets after the division becomes his or her self acquired property.
The right to a share in the ancestral property comes by birth.
You get a share (inherit) in your ancestral property by birth. In case of self-acquired property, you can inherit only on the death of the owner of the property. If your father owns a self-acquired property and also an ancestral property, he has the right to exclude you (son/daughter) from inheriting his self-acquired property. However, he can’t deny your share in the ancestral property.
IN VIEW OF THE ABOVE DISCUSSION I'd OPINE THAT YOUR GRANDFATHER CAN'T EXCLUDE HIS SON/YOUR FATHER FROM INHERITANCE OF ANCESTRAL PROPERTY AND SINCE IT IS ACQUIRED BY BIRTH YOU AND YOUR FATHER WOULD GET 1/2 SHARE EACH IN YOUR GRAND FATHER'S ANCESTRAL; PROPERTY. YOUR FATHER ACQUIRES THE RIGHT TO INHERIT ANCESTRAL PROPERTY BY BIRTH.
R.K Nanda
(Expert) 30 August 2017
ur GF can make will of only his portion of ancestral property to any one he likes.
P. Venu
(Expert) 30 August 2017
How is that the property ancestral?
Guest
(Expert) 30 August 2017
Not only you, he can give his self acquired property through will even to any third party not related to your family.
Rajendra K Goyal
(Expert) 30 August 2017
Your Grand father can sell / gift / mortgage / bequeath a will of his self acquired property in favor of any one, no one can object.
Dr J C Vashista
(Expert) 02 September 2017
I agree with experts, Mr. R K Nanda, Mr. Yogen Kakade, Mr. P S Dhingra and Mr. Rajendra K Goyal but not impersonating expert(s).
