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(Guest)

Ancestral property or not

dear sir i am suraj.my father owned a self aquired property and i am the only child for him.the property passed into my hands after his death.now i too have a son and will this property assume the status of ancestral property in the hands of my minor son



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 12 Replies

saravanan s (legal advisor)     18 May 2015

how does the property devolve on you.was it through a will or simply you inherited it
1 Like

Pratap Singh Solanki (AAM)     18 May 2015

 My uncle who have not any son  and daughter. He died but he made a will and through the will he transfer the ancestral property to my younger brother. my question is  "CAN MY UNCLE TRANSFER THE ANCESTRAL PROPERTY THROUGH THE WILL. OR NOT ?

Please reply early and describe the section and rules

muhammed shahbaz cn (Csc )     18 May 2015

Yes if he is the current owner of the property he can transfer it to anyone with his will.. no injuctions
1 Like

Pratap Singh Solanki (AAM)     18 May 2015

Thank you

But it is Ancestral property 

please tell me the section and rules 

Pratap Singh Solanki (AAM)     18 May 2015

descrube the lawful meaning of "WILL"


(Guest)

@saravana sir i got the property by inheritance.he dint write any will

Adv k . mahesh (advocate)     18 May 2015

Mr Pratap singh solanki

start a new thread when ever there is a query

A document in which a person specifies the method to be applied in the management and distribution of his estate after his death.

 

Adv k . mahesh (advocate)     18 May 2015

Mr ss

as there is no will and the property is inherited to you and you can give to your child 

T. Kalaiselvan, Advocate (Advocate)     19 May 2015

Dear Suraj:  The self acquired property of your father in your hands will not be considered as ancestral property and your son cannot stake a claim on it at any stage.  You can very well transfer it to your son or to your wife or to your daughter or to anyone of your choice, it is up to you, nobody can interfere in your decision legally. The property may be inherited by you, but it still beomes your own property.

T. Kalaiselvan, Advocate (Advocate)     20 May 2015

@Pratap Singh Solanki:  If your uncle was in possession of ancestral property but was childless till his death hence he bequeathed his share of the said ancestral property in favor of your younger brother, whether it is legal or not?, in my opinion it is very much legal because there are no children upon whom the ancestral property will further devolve hence the nature of ancestral property extinguishes at this stage thus he can bequeath the property in favor of the person of his choice through a last Will of testament, which is legally valid.

muhammed shahbaz cn (Csc )     04 July 2015

@pratap singhWill is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death. It includes codicil and every writing making a voluntary posthumous disposition of property. It is testamentary instrument by which a person makes disposition of his property to take effect after his death, and which, in its own nature, is ambulatory and revocable during his life. Thus, a Will can be changed by the executants as and when he so likes. It is a secret and confidential document which the executants is never ordered to produce

muhammed shahbaz cn (Csc )     04 July 2015

@ Vikram will is a legal document it will must be revocable by the testator at any time. Wills are usually made for disposing property, they can also be made for appointing executors, for creating trusts and for appointing testamentary guardians of minor children. In one case, the Andhra Pradesh High Court has held that contents of the Will must indicate that it is intended to come into effect after death of testator and that it is revocable at any time prior to his death and a document cannot be treated as a Will by a mere reading of heading of it. A gift to take effect the life lime of the donor is a deed of settlement and not a Will. Section 63 of the Indian Succession Act, 1925 provides that a Will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by Will.

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