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Absolute owner

(Querist) 06 April 2013 This query is : Resolved 
The (HUF)property was partitioned before the enactment of Hindu Succession Act of 1956 by the HUF by Three sons(Coparceners) and Father(Karta) in 1952. The possession and the titles transferred immediately thereafter. One of the Coparcners has executed a will of his share of property in favour of his wife in 2001.
Query:1). Does the property becomes self acquired and loses its ancestral nature, had it been partitioned as per the provisions of the Indian Succession Act of 1925?
2). is the coparcener`s will legitimate/valid/enforceable?
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Raj Kumar Makkad (Expert) 06 April 2013
1. It shall be treated as self acquired.

2. Yes, will is valid and is enforceable as per law.
Devajyoti Barman (Expert) 07 April 2013
yes it is self acquired and the Will is valid in respect of his share only.
R.K Nanda (Expert) 07 April 2013
no more to add.
Sudhir Kumar, Advocate (Expert) 07 April 2013
nothing more to add

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