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Sandeep Kumar (Others)     05 March 2021

Right to make will for property got via family settlement

Dear All,

Appreciate your view on below case:

My grandfather got his father's self acquired property through family settlement with his brother in 1958 (His Father died intestate without will). My Grand Father made a will for this property in favor of his sons in 2006.

Wanted to know the property received by him through family settlement deed with his brother (His father's self acquired property), after his father's intestate death in 1958 becomes ancestral or self acquired property in my Grand father's hand? Does he has the right to make a will for this property?

Thank you

Sandeep   



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     05 March 2021

Property received by your grand father through family settlement Would be deemed his self acquired property.

1 Like

Sandeep Kumar (Others)     05 March 2021

Thank you so much Sir. He made a will for the said property in favor of his sons. However His daughter (my aunt) has filed a petition challenging the will, claiming that the property is coparcenary, as it is purchased by her grandfather, and he doesnot have right to make a will. 

 

 

  

SHIRISH PAWAR, 7738990900 (Advocate)     05 March 2021

Hello,

In your case the property of great grand father's property is transferred in the name of grand father is not ancestral property. The property is transferred in the name of grand father so he is competent to make will.

1 Like

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