Will making on ancestral property
Pushpalatha H
(Querist) 12 December 2015
This query is : Resolved
In 2003 my mother made a registered Will. At that time she is normal and sound mental condition but taking psychiatric medicines. Now she has behavioral problems. The land given by her father to her.Is it a ancestral property? Can she make a registered Will for the entire property? She made a registered Will in 2003 for the entire property. Is it valid? Can she sell a part of land without the consent of other heirs? Please advise me.
Kumar Doab
(Expert) 12 December 2015
You have posted that:
---"The land given by her father to her"
How was it given say ;gift/sale deed?
Was the deed registered and was it presented for change in title?
If it was thru a valid and registered deed then your mother became legitimate owner. The status of the property in the hands of your mother might be self acquired.
---"In 2003 my mother made a registered Will. At that time she is normal and sound mental condition but taking psychiatric medicines"
You have accepted that she was of sound mind.
A person consuming medicine, be it for psychiatric drugs can be of sound mind.
Has the doctor declared her of sound or unsound mind? Whats is your doubt?
Is the WILL witnessed and registered?
---"She made a registered Will in 2003 for the entire property. Is it valid?"
If she has become owner she can sell in part(s) or entire land.
---" Can she sell a part of land without the consent of other heirs? '
What other heirs?
If father has given away the land to your mother only thru a valid deed and if the deed has been effected then there should be no cloud on it?
Have you consulted an able counsel.
What is the opinion of your own counsel?
Rajendra K Goyal
(Expert) 12 December 2015
The will is valid till it is proved that she was not mentally fit at that time.
She can bequeath another will (better registered) with two witness and the doctor may verify that she is mentally sound.
She can sell the property.
Property does not seem to be ancestral property in her hands.
T. Kalaiselvan, Advocate
(Expert) 22 December 2015
The land given by her father to her.Is it a ancestral property?
No, it is not ancestral property, it is her own and absolute property having marketable title on it.
Can she make a registered Will for the entire property?
Yes, she can very well bequeath the entire property through a Will. She has marketable title hence there is no legal infirmity.
She made a registered Will in 2003 for the entire property. Is it valid?
Very much valid.
Can she sell a part of land without the consent of other heirs?
She can sell the property in parts or in full as she has full rights as an absolute owner, there is no question of legal heirs during her life time.
