Will
pratik
(Querist) 10 June 2010
This query is : Resolved
Is It necessary that will should be made only for self acquired property & if the property of the fore-fathers (Ancestral)property than will can't be made. Any case laws or as per which section , act, code, order or law the aovementioned says.
Because of the experts form this forum says that will is made only for self acquired property "ONLY".
Thanking u all experts in advance.
Adv Archana Deshmukh
(Expert) 10 June 2010
As per the Indian Succession Act, every person of sound mind
not being a minor may dispose of his property by will. So, in order to be capable to dispose of a property, the property "should belong to the testator". You cannot dispose of any one else's property. In case of property which is ancestral or coparcenary, there may be other heirs/ coparceners who have right in the property, besides the testator. So, in such a case WILL can be made only in respect of his share/interest in the property and not in respect of the whole property.
B K Raghavendra Rao
(Expert) 10 June 2010
Will is a wish. You can wish what should happen to your property and not what should happen to others' properties. Therefore, one can pass on the title he has and not what he does not have. In this sense, will can be made only in respect of self-acquired property or in respect of the property that belong to his share. The matter is a simple proposition of law and hence section, act, code, case laws etc., are not required.
adv. rajeev ( rajoo )
(Expert) 11 June 2010
will can be made for self acquired property and his share only in the ancestral property. He cannot make will for the entire ancestral property.
Ashok Yadav
(Expert) 11 June 2010
One can make WILL of property owned by him/her, whether it is self acquired or Ancestral.
But WILL of ancestral property may not be execute if any person is deprived from his share in ancestral property by virtue of WILL.
Example:- A have three sons B,C,D. He has 3 Acres of ancestral land. He makes a WILL in favour of D for whole 3 Acres land and didn't give any share to B & C.
Now after demise of A's life his Will may be execute in favour of D, but if B or C objects on it and claims their share. They will get their share i.e. one Acre in ancestarl property inspite of WILL, that WILL shall be void.
But if that land is self acquired of A, than he can make WILL in favour of any one and no one can claim any share in that land if that is self acquired property of A.
Sankaranarayanan
(Expert) 11 June 2010
mr ashok yadav explained easy manner. hope u understand the matter related to ur question.
Surrender K Singal
(Expert) 11 June 2010
WILL is for giving (bequething) something that one is having; People can claim to be owner of Public property (of/by/for) but may not be able to give it as wished !
M/s. Y-not legal services
(Expert) 17 September 2010
yes will ablicable to self acquired property only..
even if its ancestral property mean he can create a will for his rightful share only. no one cannot bind him.
in a case if its an ancestral cum undivided property mean a person cannot create a will on that property.
..tom..
Swami Sadashiva Brahmendra Sar
(Expert) 11 June 2010
