Can My grandmother make a Will as Per Her wish?
krishna
(Querist) 21 December 2017
This query is : Resolved
My grandmother got 5 acres of Land into her name after the death of her husband.
My grandfather got the Same property after the death of His father.
My great grandfather got the Same property as His share from His father.
My questions:
What is the nature of property in the Hands of My grandmother?
Can she write a will deed?
Is it legally valid?
If Not what is the legal Procedure ?
Vijay Raj Mahajan
(Expert) 21 December 2017
This property is ancestral in nature which is in the hand of the grandmother. No she cannot make valid Will for the copacenery property which has ownership of other family members. The partition of the property can be done and share of each copacenery member of the family can be given to them.
Kumar Doab
(Expert) 21 December 2017
Ancestral Property: That is 4 generations old; Any property acquired by the Hindu great grand father that passes undivided down the next three generations up to the present generation of great grand daughter/son………………
Subject to property is undivided and if divided the share of Coparcener shall be her/his self acquired property.
The testator cannot dispose the share of other Co-sharers.
The WILL on ancestral property that you are hinting in query is a tricky issue.
Is the grandmother alive?
Has she signed a valid WILL?
Advocate Bhartesh goyal
(Expert) 21 December 2017
If the questioned property is your grandmother's name in revenue record than your grandmother is sole owner of the property and the nature of the property wilĺ be " self acquired " so your grandmother has every right to bequeath the property as per her wish.
krishna
(Querist) 22 December 2017
said property is in the name of my grandmother in revenue records. she is alive. she is not yet signed a will. she wants to write a will now.
Guest
(Expert) 22 December 2017
All the four of your questions very well reveal that it is not a real proble, but an academic query, i.e.,
(1) What is the nature of property in the Hands of My grandmother?
(2) Can she write a will deed?
(3) Is it legally valid?
(4) If Not what is the legal Procedure ?
By the way, what was your intention to ask, "What is the nature of property in the Hands of My grandmother?" AND "If Not what is the legal Procedure ?"
Even if your story is true to some extent, IF SHE WANTS TO WRITE A WILL, WHAT IS THE SPECIFIC OBJECTION AND TO WHOM, WHEN SHE IS THE OWNER OF THE PROPERTY, AS PER THE REVENUE RECORDS?
Kumar Doab
(Expert) 22 December 2017
As already suggested obtain copy of mutation records with link docs and consult a very able senior LOCAL counsel specializing in civil/testamentary matters and having a successful track record.
Your will come to know of your options in all matters bothering you.
Another Perspective; make up with all relatives in all matters and settle amicably and register family settlement deed and rule out future litigation.
Or let the instances happen and cross the bridge when it comes.
Locate good LOCAL counsel as suggested and proceed under expert advise of your own LOCAL counsel..
Kumar Doab
(Expert) 22 December 2017
As usual and daily basis from day1 the postor and impostor at 6th post/ just below last post of querist has posted nothing else than affliction with hypothetical,unreal............
In this thread also the contribution is NIL and Zero.
Dr J C Vashista
(Expert) 26 December 2017
A good examination hall question for experts.
Guest
(Expert) 26 December 2017
@ Kumar Doab
Dr. J.C. Vashista has also declared the query to be examination hall question (hypothetical question). He has also not made nay contribution. So, now what you have to say about the expert Dr. J.C. Vashista?
By the way, as usual, why not asked the querist to post more of such queries, as you prefer to answer such hypothetical questions?
However, it is amazing that through your post you have not demonstrated much of the state of your unsound mind. Hope, as per my earlier advice, you are taking regular consultations from some psychiatrist. Best of luck.
