In herited property
Querist :
Anonymous
(Querist) 04 January 2012
This query is : Resolved
Hi,
We have a property from our Grand father, who is no more.
can my father write a will/ gift any portion or all of the property to my brother or anyone else?
please note, my father has got Khatha in his name after my grand father died.
Can you please let me know if my father can do like above? if so, is that valid?
Thanks,
lakshmi
manoj joshi
(Expert) 04 January 2012
respected friend
regardng your quary .. your father can not will your ansister poperty he can will only which he acquire
its simple your grandfather s property will be divided in all sucessors till grandson
regd
manoj joshi advocate
9927822660
Rajeev Kumar
(Expert) 04 January 2012
Your father cann't make a will or gift ancestral property except his own share. It will be distributed among all sharer
Advocate M.Bhadra
(Expert) 04 January 2012
if your grandfather died intestate leaving behind several legal heirs(sons,daughter and wife) then your father can will,gift and sell only his share, not absolute.But if your father is only legal heirs and successor of your grandfather then he can sell,will and gift absolute property to any person during his life time.
Devajyoti Barman
(Expert) 04 January 2012
Except Bengal and Assam , a person can not transfer his ancestral properties depriving the legal heirs.
So in your case, your father can not do so.
However if you see any such impending possibility then you may file a suit for partition and injunction.
Deepak Nair
(Expert) 05 January 2012
Your father is not entitled to transfer the property through will since it is an ancestral property. All the legal heirs of your father have equal claim on the said property.
prabhakar singh
(Expert) 05 January 2012
Properties would be called ancestral if your
grand father inherited it from your great grand father,and then if Hindu succession law governs the properties in state it is located,your father's all children are equal coparcener in it,but in case it is a property whose first acquirer is your grand father and not your great grand father,your father is its exclusive owner and free to deal according to his choice.
However if these agricultural properties are in state of UP and your father is recorded as bhumidhar,he would be treated its exclusive owner unless his sons prove that properties were initially SIR or KHUDKASHT
initially recorded in name of his ancestors
before abolition of Zamindari.In UP the succession is governed by UPZA LAW and NOT by HINDU SUCCESSION LAW.
Raj Kumar Makkad
(Expert) 06 January 2012
Now scope for adding any further views have expired.
V R SHROFF
(Expert) 06 January 2012
ALREADY REPLIED WELL BY EXPERTS. NO further views
ONLY OWN SHARE HE CAN GIVE , NOT THE ENTIRE ANCESTRAL PROPERTY.
