will

Querist : Anonymous (Querist) 03 February 2010 This query is : Resolved
three brothers A b and C has a share in ancestral immovable and movable property. now A & B has 2 sons but C has no issue out of marriage.
Therefore C made a will stating as he donot have any son or daughter wants to give his share in his ancestral property to his brother A and after his death to his legal heirs.
The said will is registered also and now C died so can legal heirs of A execute the will of C.

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R.R. KRISHNAA (Expert) 03 February 2010
Yes A's legal heirs can execute the will of C.

Querist : Anonymous (Querist) 03 February 2010
u sure is it possible to make will of undivided ancestral property?

B K Raghavendra Rao (Expert) 03 February 2010
Your question is understood this way:
C has made a will in favour of his brother A. After A's death it goes to his (A's) legal heirs.

Yes. C can make a will in respect of tangible property in which he has a share. His share could be willed. He has willed it to his brother A. Now, only after the death of A, as per the will of C, C's property goes to the heirs of A. It is possible. The only point to be specific is about the identity and quantum of share.

Swami Sadashiva Brahmendra Sar (Expert) 03 February 2010
My friends are right.

Parveen Kr. Aggarwal (Expert) 03 February 2010
Yes. Section 30 of the Hindu Succession Act, 1956 permits bequeathing of the interest of a male Hindu in a Mitakshara coparcenary property.

Raj Kumar Makkad (Expert) 03 February 2010
In your quarry you have told that C has died then only A can get that property and not his legal heirs.

Yamalapalli Haribob (Expert) 04 February 2010
Iam agreeing with Rao's sir opinion.

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