Karta of ancestral property

Querist : Anonymous (Querist) 21 September 2024 This query is : Resolved
My father and mother both expired leaving a Regd. Will. In the will three floors of the building are given to two sons and widow of eldest son, who are already occupying those floors. Sister is excluded from any part in the property as per WILL.
Will it be considered as HUF. If so then who will be Karta of the family. There is no karta mentioned in the WILL.
Who can take final decision about legal matters.

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T. Kalaiselvan, Advocate (Expert) 21 September 2024
This is presumed to be self acquired property of the testator hence he has bequeathed the property to the beneficiaries of his choice.
Until and unless the testator has clear and marketable title to the property he cannot bequeath any property in favor the beneficiaries.
If the testator had intentionally excluded his daughter from the list of beneficiaries then the daughter cannot claim any share in it as a right.
It is neither a HUF property hence there is no question of any karta to the property.

Advocate Bhartesh goyal (Expert) 21 September 2024
Yes, HUF properties can't be bequeathed unless HUF is dissolved or partitioned only self acquired or ancestral properties upto testator's share can be bequeathed by way of will so questioned property is not HUF property .you may file partition suit on basis of will and get your share in property.

kavksatyanarayana (Expert) 21 September 2024
Is the Will property HUF property? Do your parents jointly execute the Will?

Querist : Anonymous (Querist) 21 September 2024
It is self acquired property of my father. But he executed and registered WILL with my mother.

Querist : Anonymous (Querist) 21 September 2024
Sister is clearly excluded in the REGD WILL but will get 15% share only when property is sold

T. Kalaiselvan, Advocate (Expert) 22 September 2024
It is self acquired property and not an ancestral property hence the Will is very much valid.
Therefore you may enforce the Will as per law to avail the benefit

Querist : Anonymous (Querist) 22 September 2024
Thanks a lot shri kalaiselvan sir. Thanks for sparing some time for me.

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