Succession of property

Querist : Anonymous (Querist) 01 July 2011 This query is : Resolved
A man had self earned house which he willed to his three sons. His daughters were excluded from any share in the house. The man died in 1994, leaving his three sons to reside in the house. The will also stated the manner in which the three sons should distribute or add residential sections. The three sons have so far lived without any difficulties in the house, although they have their own sections in this house. How can these sons further distribute the property to their children which includes daughters as well as sons? Can they make a will in respect of their individual share in the property? If so, can they will it to their sons alone? Does this house become ancestral property?

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Dayananda Gowda (Expert) 01 July 2011
The three sons have acquired the said house by will and the said house is self acquired property of their father. It is self acquired property in the hands of sons. Hence they can make a will, Gift infavour of their sons.

PALNITKAR V.V. (Expert) 01 July 2011
The sons are masters of their respective properties. They can dispose it of as they wish.

Advocate Bhartesh goyal (Expert) 02 July 2011
sons got the property through will of their father hence they are absolute owner of the property and the same will be treated as their self acquired property so they can transfer/dispose the same as their wish.

adv. rajeev ( rajoo ) (Expert) 02 July 2011
Yes they can make a will in their children name or they can execute rights relinquish deed in favour of them.

R.Ramachandran (Expert) 02 July 2011
Whether the property that has come to the hands of the three sons, is ancestral in nature or their personal property would largely depend upon the contents of the Will. One has to know whether the testator has expressed any such wish that the property has to go to his son(s) and even his grand children should enjoy the same. If there is any such expression then the property would be ancestral. If such intentions are absent, then the property is personal in the hands of the three sons and they being the masters, as rightly indicated by Mr.Palnitkar, can do whatever they want. They can give by way of WILL to any or all of their children, or even to any stranger!

M.Sheik Mohammed Ali (Expert) 02 July 2011
yes, i do agree expert query reply.

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