ancestral property
T.Srinivas
(Querist) 28 March 2010
This query is : Resolved
Hello experts
one of my clients grand father transfered his entire property to their sons by way of registered will, after demise of my client grand father, how can claim my client to thier share in the ancestral property, is it possible to file partition suit?
B K Raghavendra Rao
(Expert) 28 March 2010
They have to file a suit in a civil court for issue of succession certificate in terms of the will and then they can partition if required. Your clients need to have rights over the property by succession to deal with the property. After obtaining succession certificate, they may partition. If partitioned amicably, no suit is required.
T.Srinivas
(Querist) 28 March 2010
Respected expert
here my client father acquired the property by way of registered will, he is not ready to give the property to his son, my client herein.
G. ARAVINTHAN
(Expert) 29 March 2010
How grand father got property and what are the properties mentioned in the Will?
B K Raghavendra Rao
(Expert) 29 March 2010
The property does not transfer to your client's father automatically by a Will made by his grandfather. The title has to flow legally and properly.
If your grandfather had self-acquired the property, then he would be entitled to make a Will in respect of his property. If he has acquired the property by inheritance, then he cannot make a will.
Merely by making a will the property would not get transferred. Succession Certificate need to be obtained from the civil court to have title over the property. Then partition could be effected.
