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Law $ aam (Executive)     10 January 2011

Ancestral Property can be willed ?

I want to know ancestral property can be Willed ?.

Example.  A person Mr. X having a son, a married daughter and a unmarried daughter. Is it possible for X to will the ancestral property (came from his father to him (X) not self acquired)  in favour of married daughter ?



Learning

 15 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 January 2011

He can write will only as to his share in the ancestral property

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     10 January 2011

X cannot execute the will in respect of the entire properties in favour of a daughter.  He can exeucte the will in respect of his share in the ancestral properties in favour of a daughter.
 

1 Like

Amit Minocha (Lawyer)     10 January 2011

what ever he acquires is his asset now and can deal with the way he wants.

Amit Gupta (Advocate)     10 January 2011

he can will the entire property to anyone.

because when his father died intested he become the sole owner of the property as per the schedule of hindu sucsession act.....the grandson has no right in the proprty of grandfather after the commencment of hindu succsession act....

Law $ aam (Executive)     11 January 2011

Comment s of Amit Gupta is  just opposite of other lawyers. Which is appropriate/correct in view of law ?

Need further discussion. Experts are appealed here to through some light on the above question.

raj kumar ji (LAW STUDENT )     11 January 2011

i agree with rajoo or ganeshan sir not with gupta sir

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 January 2011

Mr Amit Gupta is not correct. One cannot write will to entire share of ancestral property. 

BALA (sbm)     17 January 2011

Dear Mr.Aravinthan

I require legal opinion on my grandfather Ancestral Property.

Case History

My Grandfather had only one daughter married. She had two sons me and my brother. My Mother Expired on 1992 and My Mothers Mother expired on 1990. My GrandFather Expired on 2000. After My mothers death My grandfather is been taken care by My Grandfathers Brother. In 1997 my grandfather wrote a will in which he mentioned the entire Property is been given to his brother and we are not the legalar for the property.

1. My Grand father Property is not Self earned it is coming from his Fathers Father.

My Question whether we will win Case If we file case claiming the property rights.


This is reply of one lawyer from Lawyers Club.

As per amedment introduced in Hindu Succession Act, female co-parceners. i .e daughters are equally entitled to a share by birth as that of male members. However, the said provision won't affect or invalidate any disposition or alienation including any partition or testamentary disposition which had taken place before 20th december 2004. In your case the will was made in 1997 and then ur mother having been married cased to a member of HUF. Hence, u can not claim any right in the property in her branch. U can contest the will, but chances are few given the statutory position.


Further i need to Clarify the following

 

Thankyou very much for your reply. I need to clarify you on some important facts and request your valuable suggestion

1. My Grandfathers great Grand Father property is been divided by him and other his brother.

2. My Grandfathers father is the only son to his father

3. During late 1970 to 80 when urban land sealing act was introduce my Grand fathers father transfer the Property Patta in Grandfather name and his brother name ( but it is not the partition) before his death.

4. My Grandfather had 6 sister and in 1980 one of his sister field case. Since in 1986 only woman right on ancestral property is been introduced. She lost the case and court is direct the property in grandfather and his brother ( Some Property in my Grandfather name and some in his brother Name)

4. So whether still HUF will have impact on our case



I need your legal advice sir,
 

apoorve rastogi (lawyer)     23 November 2012

ancestral property can we willed ?

surjit singh (Assistant)     25 November 2012

I go by rejeev posting

badarinath   26 July 2016

What is said by amit gupta is not acceptable if the entire property is willed to any one where is the need for hindu law and transfer of property and ansetral property rights it is aboslutely wrong

badarinath   26 July 2016

Mr arvindan and mr Rajiv are correct

Dr. J.P.Kushwah Advocate   27 February 2017

No whole ancestral property can not be disposed off by way of ,will,.

Dr. J.P.Kushwah Advocate   27 February 2017

No whole ancestral property can not be disposed off by way of ,will,.

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