Query regarding inheritance of inherited property per hindu law
Sunny Bangalore
(Querist) 30 March 2012
This query is : Resolved
Hi,
I am told that property that has been inherited from a grandfather to a father cannot be willed by the father to one
or more of his/heirs and must only be shared by ALL heirs as it is not the father's self earned property. The
property in question is in bangalore.
Could you please let me know about this and also the merits of a will vs intestate inheritance.
Look forward to your prompt reply.
Thanks and Regards
sk
ajay sethi
(Expert) 30 March 2012
if the property inherited by your father was self acquired property of your grandfather then your father can by will bequeath the property to whom sover he so desires
Sunny Bangalore
(Querist) 30 March 2012
can you point me to some relevant law or case law where this is made explicit. I think his lawyer is misleading him and I need something concrete to counter that.
Sunny Bangalore
(Querist) 30 March 2012
also, if its possible that i might be getting something wrong, under what conditions would my father NOT be able to will the property to a single heir? I am quite sure that it was self-earned and built by my grandfather and it was willed to my father. Would its being located in bangalore make some difference?
thanks
Deepak Nair
(Expert) 30 March 2012
If the property is ancestral, which is transfered from generation to generation, then your father is not entitled to execute will for that property.
Sankaranarayanan
(Expert) 30 March 2012
Yes I do agreed if the property from grandfather's self accuired then it came to ur father by will. Then it is his own. And all legal heirs are equal rights on it
Sunny Bangalore
(Querist) 30 March 2012
so is it agreed among all experts that grandfathers self earned property willed to my father can be freely willed by him to any of his heirs? Sankar Sir's reply above is a bit confusing.. How is such property differentiated from ancestral property which Cannot be freely willed by him? What law/rule/case law is this differentiation based on? if such property is not ancestral or self-earned, what is it classified as? or is still classified as self-earned, since my father technically earned it out of good will of his father?
Thanks again to all the experts for the prompt responses
Dr J C Vashista
(Expert) 01 April 2012
All legal representatives of your grnadfather are entitiled for inherited property.
His own share in inherited property can be WILLED by your father.
Your share shall remain intact without your consent, otherwise, it is subject to challange.
Sunny Bangalore
(Querist) 02 April 2012
under what conditions is property defined as ancestral? I am wondering if I am missing something here since my fathers lawyer has adviced him that he he cannot Will this property. Could some tax treatment etc... have rendered it as ancestral? I am meeting with the same lawyer in a few days and would like to have my data points, case law and law references etc... sorted out. wouldnt mind doing a consultation for a reasonable fee. would prefer someone based in bangalore, in case there are any local laws that have a bearing. kindly please advice. thanks
Sunny Bangalore
(Querist) 04 April 2012
any updates on the above please ...?
