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Brigadier RM Sharma   13 June 2024

Inherited property

Sir, how is inherited property to be treated while writing my will?


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     13 June 2024

if you have inherited this share of property from your father as your rightful share in it, then this becomes your self acquired property, hence you can bequeath the same to anyone of your choice.  

kavksatyanarayana (subregistrar/supdt.(retired))     13 June 2024

Yes.  If the partition was made and you got your share it shall be deemed as your own property and hence you can do it as you like.

Dr. J C Vashista (Advocate )     14 June 2024

Mention details of your share in the ancestral immovable property being bequeathed.

Advocate Bhartesh goyal (advocate)     14 June 2024

Legally inherited  property deemed to be self acquired property and can be bequeathed as per your wish.

Aadil (Student)     21 June 2024

Dear RM Sharma,

Thank you for your query! I am Aadil and I will try to answer your question.


The short answer to your question is YES, you may treat the property as your own as you have absolute ownership over it.


A property can be inherited by an individual either through the intestate death of their ancestors or through the will created by these ancestors. The laws related to both reasons are contained in the Hindu Succession Act of 1956 and the Indian Succession Act of 1925 respectively. In both cases, the property will be considered as the self acquired property of the inheritor.

Any person of sound mind who is not intoxicated and can understand the consequences of his actions at the time of creation can write a will on his property as per the Indian Succession Act of 1925. Therefore, since the property in question is treated as a self acquired property, you are free to write a will on it as it is your own property and you are its absolute owner.

I hope this helps. Thank you for your query!




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