Will queary
bishal shaw
(Querist) 04 August 2012
This query is : Resolved
SIR MY GRAND FATHER WANT TO MAKE WILL OF A LAND PROPERTY WHICH IS IN UTTAR PRADESH. BUT LIVE IN KOLKATA RIGHT NOW.HE WANT TO MAKE WILL IN THE NAME OF HIS YOUNGER SON.NOT TO HIS ELDER BROTHER.AFTER THE WILL PREPARATION CAN HIS ELDER SON CHALLAEGE LEGALLY ON WILL .IF YES THWN GIVE ME THE SUGGESTION HOW HE CAN TRANSER HIS PROPERTY TO YOUNGER SON WITHOUT ANY HURDELS .PLZ ADVICE SIR.
Devajyoti Barman
(Expert) 04 August 2012
First clarify whether the property sought to be included in his Will is his own property or joint ancestral property.
If it is his separate property then his elder brother has no say in it, else he can challenge the Will at the time of applying for Probate.
The Will can be executed from Kolkata.
J K Agrawal
(Expert) 05 August 2012
If there is any right of elder brother in property, he can challenge will, sale, gift or any thing else and if he has no right then any mode is ok.
M V Gupta
(Expert) 05 August 2012
If the property is ancestral property, then ur GF cannot dispose even his share in the property by will to his younger son only, as he cannot divest his other sons of the rights which they have acquired by birth.
bishal shaw
(Querist) 05 August 2012
this is agricutral land.and in kisan bahi khata my grand father is the owner of land. sichai rasid is in his name.he having two son that is mention in registar of land department. MY GRAND FATHER DOES NOT WANT TO GIVE THE SHARE OF THIS PROPERTY TO HIS ELDER BROTHER. HE WANT TO GIVE THIS LAND TO HIS YOUNGER SON.SIR PLZ ADVICE ME HOW IT CAN HAPPEN..
bishal shaw
(Querist) 05 August 2012
THIS IS LAND BELONGS TO FIRSTLY TO MY GRANDFATHER'S FATHER.WHICH IS LATER DEVIDED EQUALLY IN HIS TWO SON.MY GF HAVE TWO SON.
BUT HE WANT THIS PROPERTY TO YOUNGER SON . HOW HE CAN DO.... PLZ ADVICE SIR
J K Agrawal
(Expert) 06 August 2012
He can do so by division of property. He can give other property to the elder brother and can give entire ag land to the younger one. But again there should be a balance in share.
M V Gupta
(Expert) 06 August 2012
From what u have posted now, it is seen that the agri land in question was owned by ur GGF. It was divided (partitioned) between his two sons (i.e., ur Gf and his brother). If this is correct, then the share which ur GF got in the partition will be regarded as his absolute property. The question of ur GF giving any share to his brother does not arise.He can gift it to his younger son by executing a gift deed and registering it.
bishal shaw
(Querist) 07 August 2012
m v gupta gi can my grand father made WILL IN THE NAME OF My father, GIVE ME WAY IN WILL DEED THAT NO ONE IN UNCLE FAMILY CLAIM IN THE WILL DEED .
bishal shaw
(Querist) 07 August 2012
can u give the way how one can transfer the sublessess right to his son
ajay sethi
(Expert) 07 August 2012
waht are terms and condions of sub lease?
it must be mentioning about obtaining prior consent of lessor
M V Gupta
(Expert) 09 August 2012
Your GF can make a will bequeathing the agri land to your father. The will comes in to force only after the life time of your GF and the lessee in the property will automatically become lessee of your father. On the will coming in to force your father should serve notice on the tenant informing him that by the will he has become owner of the property and that the rents should be paid to him.
