Aravind Kumar (deisgnation) 31 August 2014

Will for ancestral property

My family is Hindu Family. My father has inherited ancestral property (purchased by my grandfather) as well as has self acquired property.

Can my father make a registered will on his share of ancestral (my grandfather’s) property after getting the legal mutation done of ancestral property on his name? After mutation will this be classified as ancestral property or self acquired property? In a will do we classify the property as ancestral and self acquired?

The will shall be in my favor only.How do we ensure that the will is strong enough and does not become null and void later in absence of my both parents?

What is care taker of property and how does that help me in future in mutation or inheriting the property later?

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2 Replies

Kumar Doab (FIN) 31 August 2014

The father can WILL his share only in ancestral property. The mutation record may be mentioned in WILL.

It shall be better if property is portioned and partition deed is registered. The property acquired by partition become self acquired property.

The father can WILL entire share in self acquired property. The evidence of property being self acquired may be kept safely.

The witnesses is the WILL should be carefully chosen and must stand by you if WILL is contested and is sent to probate.

The registered WILL is more reliable.

The property acquired by WILL become self acquired property.

It shall be appropriate to show all docs on record to an able lawyer dealing in such/revenue/civil matters and proceed under his expert advice. Let the partition deed, WILL be drafted to suit your interest by your able lawyer.

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Aravind Kumar (deisgnation) 31 August 2014

Thank you for your quick reply. In case the will is not contested then does this imply that it stands certified or probated ?

Is there any other legal way to make this certified ?

Can injunction be taken on the property based on the will (in absence of both parents) ?