about will
bindhu
(Querist) 29 October 2009
This query is : Resolved
I am male, hindu
my mother made a will stating that after her death the imoveable property goes to my father
(my father died before my mother)
the condition she has put--
if her husband (my father)doest make any will then it will go to bindhu
my mother also made a will in my name and my father also made will in my name
propety is in my mothers name
but my questionis is : am i getting this propety from my fahter or from my mother (if i get this propety from my father then is it going to be ancestor propety? can my wife and son can claim?)
or can i make a will to third party
Raj Kumar Makkad
(Expert) 29 October 2009
The aforesaid property has been inherited by you from your mother and not from your father as your father ha predeceased from your mother so the will executed by her could not have been executed and your father never became the owner of that immovable property. So after the death of your mother you being her legal heir have become its owner and this property cannot be treated as an ancestral property but after your death your legal heirs like ur children n wife is definitely entitled for the same but during your life time.
bindhu
(Querist) 29 October 2009
if it is not ancestor property then can i give my property third pary through will
Sachin Bhatia
(Expert) 29 October 2009
Once a property dissolves under a will it can not be characterise as an ancestral property. Yes you can give your property to third party through will.
