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mohit   27 February 2021

legal document

Can a will be made of inherited property?


 5 Replies

175B083 Mahesh P S   27 February 2021



The properties which are self-acquired can be bequeathed by Will by owner to any one even other than his heirs or legal representatives or relatives. But if the properties are inherited, the same can’t be given away by Will, but will devolve upon the heirs entitled to such property under the Hindu Law if the deceased is Hindu. The other persons following religions other than Hindu will be governed by their personal laws. 

The Parsees are governed by their Succession Act; the Christians will be governed by Indian Succession Act and like wise. Even under the Hindu Succession Act, every state has its’ own admission. In Maharashtra, now the sons and daughters are entitled to inheritance. 

Thank you


Hemant Agarwal ( Mumbai : 9820174108)     28 February 2021

1. You can CERTAINLY make your WILL for the inherited property or partitioned property held in your name.

2. However, You CANNOT make WILL for any "Ancestral" property that you may be holding. Ancestral property means property which is atleast Four generations old.  All the relevant legal heirs may execute a Partitioned Deed for the Ancestral property, consequent to which WILL can be made for the Partitioned ratio of this property.

Keep Smiling .... Hemant Agarwal

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 February 2021

Yes.All above suggessions are correct


P. Venu (Advocate)     28 February 2021

What are the facts? what is the context?

Dr J C Vashista (Advocate)     28 February 2021

Share of inherieted property can be bequeathed by the Testator. 

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