wil dispute

sp (Querist) 07 August 2008 This query is : Resolved
a house is built on a piece of ancestral land.Can the owner will the house to somebody other than faamily.The house is buit fom his own resources.I understand that in India ancestral property can not be given away in will.Your opinion please

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Srinivas.B.S.S.T (Expert) 07 August 2008
Do you mean that the owner has no flow of title in his favour? I mean a will or a deed of gift in his favour. In such a case the best option for him to gift the property. If he wants to make the will so as to aviod the stamp duty, he can do so but the persons having right, interest and title over the property has to sign the same as attestors so that in future they should not question the genuinitiy of the same.

GOPI KRISHNA (Expert) 08 August 2008
as you said it is a piece of ancestral land,the owner can't will the property though the house build from his own resources, partition of the property is possible

Manish Singh (Expert) 08 August 2008
it will be regarded as a HUF property and you cant make a will for that.
But you will get compensatory share for building the house while partition.
If there are other property as well then you will be at the preferential end and you may claim the building in partition.