Hari Madan (none) 01 July 2012

Father's will on hereditary property

Hi Legal Experts,

The father has inherited property. There are 2 sons for the father; so 2 heirs for the property. One of the heir doesn't take care of the father at all. The other heir is the one who takes care of him fully. Can the father now split the property into 3 shares. one for each of the heir and one for himself? Can he write a will such that after his death his share can go to the heir who took care of him? Can such property split and will be written without the signature/consent of the heirs. will this be valid? Please help.

Thanks,

Reply Follow

4 Replies

Adv Archana Deshmukh (Practicing Advocate) 01 July 2012

Yes, if the father writes a will in respect of his own share, it is fully valid.

MohammedRaffiq Bijapur (Advocate) 01 July 2012

Yes. but there must be an act of severence of status between father and sons to show spilt of property and to give effect of the same after the death of father.

MohammedRaffiq Bijapur (Advocate) 01 July 2012

Yes. but there must be an act of severence of status between father and sons to show spilt of property and to give effect of the same after the death of father.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 01 July 2012

Yes he is free to deal with the property in whatever manner he likes, he can gift/will/sell it to anybody, but to the extent of his share only and not the entire property.

1 Like