Will for ancestral property.
shreedhar naidu
(Querist) 15 March 2014
This query is : Resolved
My father-in-law inhereted 3 acres of land from his parents. He has a son and five daughters. All are married.
Out of this property he made sites and sold some over a period of time. He also GIFTED a site of 1200 sft. each to his five daughters and about ten times - 10000 sft. - to his son. That is, son is gifted more than that of daughters.
Now, he is having about 25,000 sft. of vacant land/sites left in his name.
MY QUERY.
Can my father-in-law make a WILL for the property left with him for 25,000 sft. of land ?
Please explain.
Shreedhar Naidu
shreenaidu@hotmail.com
ajay sethi
(Expert) 15 March 2014
was it self acquired property of his parents ? please clarify .
it would not be ancestral property merely because father in law inherited it from his parents .
if it was self acquired property of parents
your father in law can make will for his balance property .
Advocate Bhartesh goyal
(Expert) 16 March 2014
Your father in law has every right to make will for his remaing property.
prabhakar singh
(Expert) 16 March 2014
You have stated your father in law has inherited 03 acres of land.That suggests it to be agricultural.To know about his transferable rights state law would also be required to be considered.If he is recorded
as absolute owner with transferable rights,he can.
Rajendra K Goyal
(Expert) 16 March 2014
Consult a local lawyer and show him all the documents.
Biswanath Roy
(Expert) 16 March 2014
I endorse the views of Learned friend Mr. Prabhakar Singh ji.
Guest
(Expert) 16 March 2014
I endorse the views of Shri Prabhakar Singh.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
Whether agricultural land or otherwise, he has inherited the land from his parents, it is presumed that the land belong to his father/mother and not ancestral in nature, after inheriting/acquiring the land, he converted them into plotted property, he disposed a substantial portion of the same as per his own proposal, the remaining portion of land, in his possession can also be disposed by him as per his own sweet will during his life time or can be shared equally by all his legal heirs after his lifetime in case he has not executed any Will or made any family arrangement/settlement to it during his life time.
R.V.RAO
(Expert) 18 March 2014
the principle of ancestral/joint family/coparcenary property is that it descends from great grand father to grand father to father and to son(4 generations).
so if your grand father is in the chain of ancestral property is to be first decided.
if it is established as ancestral property all the legal heirs to the property including female legal heirs are entitled to an equal share of ancestral property.
the ancestral property can be partitioned /distributed at any time at the asking of any of the legal heirs to the ancestral property.
if any legal heirs are predeceased,then their legal heirs can claim their share of the ancestral property
After such partition/distribution, the ancestral property assumes the character of self acquired property, when the owner of the self acquired property is free to transfer/gift/part with it as he/she likes.
but no legal heir in the chain of ancestral property has right to deal with/dispose /transfer etc..of the share of other legal heirs in any way.
on the other hand if the above said property is the self acquired property of your father in law , he is free to dispose the same in any way he likes.
unfortunately if a self acquired property owner passes away intestate, then all his class 1 legal heirs get an equal share in the property.
R.V.RAO
(Expert) 18 March 2014
in para 2 above of my reply, pl read grand father as father in law.
