Mayur kukkarni (Counsellor) 12 September 2014

Right to make a will of property

If A and B were brothers.A was owner of agriland and mutually distributed his property half with his brother.If B was died issueless and the property owned by him came to A.On the death of A after some years the same property came to his widow as the son C was minor.

Right now,the C wants to make a will of the same property to transfer in the name of his grandson as he is more than80% disabled by birth to help for his future.Can the C do this will? Should he take consent of his sons?Will it legal?

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4 Replies

ashok kumar (Social Worker) 13 September 2014

C cant do for the simple reason and law that C's Son has a legal interest in the property being ancestoral

Ashish Dongre (Advocate) 13 September 2014

Its Ancestral Property,C can only make Will with Regards to his Share in the said Property not the Whole property as rightly said by Mr.Ashok Kumar.

Mayur kukkarni (Counsellor) 14 September 2014

Thanks for replies. I here want to mention that on this LCI website I have read that there are 4 generation rule to ascertain ancestral property.Also there is one opinion that distributed property must be treated as selfacquired.

So I kindly requests that above two points are true and if they are then one of them is applicable here.

Expects hopeful reply please I am really confused.

T. Kalaiselvan, Advocate (Advocate) 20 September 2014

If the property devolved on C upon the death of his mother as her legal heir, he has full rights to dispose of the entire property in favor of anyone of his choice and in any manner, either through a Will or through a Gift deed or through a sale deed or through a family settlement. If his mother is still alive, he can dispose only his legitimate share in the manner said above. In any case this property will not be ancestral property in the hands of C.