Willed property ! Is it self earned OR...

Querist : Anonymous (Querist) 20 April 2010 This query is : Resolved
Dear Friends of the FORUM,

A property from a Widower 'F' comes to a person 'M' through a WILL. What is this property in the hands of 'M', is it self earned or....? Can 'M' will this property to any one he desires? (Apart from this 'M' is having some ancestral property also.)

Thanking you ALL,in advance .

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R.R. KRISHNAA (Expert) 20 April 2010
Whether the property is ancestral or self acquired can be found reading through the will made by F. Generally wills are drafted clearly stating how the property is actually acquired by the testator. You have to read the will to know its nature.

Yes M can write a will in anyone's favour including his ancestral property. But for M to transfer the ancestral property there should not any other claimant claiming rights over the ancestral property. If there is any other legal heir apart from M for the ancestral property then M can only transfer his particular share through the will and not the entire ancestral property.

A V Vishal (Expert) 20 April 2010
A property from a Widower 'F' comes to a person 'M' through a WILL. What is this property in the hands of 'M'

Ans. Although it is gifted to M, presuming no familial relation between the said F & M it is as good as self acquired property and cannot be treated as ancestral one.

Can 'M' will this property to any one he desires?

Ans.Yes, M can will this property to anyone he desires.

Querist : Anonymous (Querist) 21 April 2010
Dear A V Vishal garu,

Thank you very much for your CLEAR answer.

And i also thanks Shri. R.R. Krishnaa garu, for the reply.

I thank the LCI forum for hosting/establishing such a nice platform.