Registering a will of ancestral property
Avinash Kumar
(Querist) 15 February 2016
This query is : Resolved
Dear Sir,
My great grandfather has two sons. He wants to register a will of his all movable and immovable property(ancestral and self acquired) in name of his first son.
Is it possible to make a will of ancestral property to one of his son ? and what should be done by second son in case of above will is registered ?
Please give suggestions.
Thank you.
rajagopal.s
(Expert) 15 February 2016
Hi Avinash,
Your great grand father can will away his self acquired properties as he deems fit.
however his ancestral properties cannot be willed away.
better to file a partition suit and if you have a good lawyer and good evidence to prove that the self acquired properties were derived from the common nucleus of ancestral property, then all of the properties will be subject to partition.
Rajendra K Goyal
(Expert) 16 February 2016
Registration of a will is not mandatory.
One can bequeath his self acquired property and not full ancestral property.
Adv. Yogen Kakade
(Expert) 16 February 2016
No.. the ancestral property can not be transferred through will.
Anirudh
(Expert) 16 February 2016
If it is ancestral property, then your great grandfather can bequeath his share in the ancestral property through WILL.
As far as his private property (self-acquired) he can make a WILL in anybody's favour and nobody can stop him.
