Will made on one name- legal or illegal please judge!!!!

one can  will away his own self acquired property to any one, if the property is ancestral  one can  make a will in favor of any body to the extent of ones own share only ,rest of the property will go to all heirs according to law,one can exclude any body from the property of ones own self acquired property. 

WHAT WILL BE THE SCENARIO IF ONE SON AND ONE GRANDSON WHO HAS NOT GOT ANYTHING FROM THE PROPERTY ACCORDING TO THE WILL IS LIVING ON THE PROPERTY FROM PAST 40 YEARS AND 30 YEARS RESPECTIVELY AND THE LAND HAS GOT NAZUL PATTA ON THE NAME OF THE EPRSON WHO DID THE WILL ON ONE PERSON'S NAME???

WHAT WILL BE THE SCENARIO IF ONE SON AND ONE GRANDSON WHO HAS NOT GOT ANYTHING FROM THE PROPERTY ACCORDING TO THE WILL IS LIVING ON THE PROPERTY FROM PAST 40 YEARS AND 30 YEARS RESPECTIVELY AND THE LAND HAS GOT NAZUL PATTA ON THE NAME OF THE PERSON WHO DID THE WILL ON ONE PERSON'S NAME???

WILL THE SON AND GRANDSON HAVE TO EVACUATE THE NAZUL PATTA  PROPERTY ON CITY EVEN THEY ARE LIVING THERE FROM A LONG TIME????

Pandya sir,

I have similar situation. Please clarify......" to the extent of ones own share only"   means .

is it at the time of making a will? Otherwise, for example in this case father is the oldest heir of the entire property. 

 

In my case, one of my aunt is not going well with one of her married son, she has three children all, uncle is no more. so how much property can she will to her other son who is her favorite.

Sir,

A person can make a WILL of his self acquired property, as also of his share in any joint/HUF property.

It is advisable to remember children, and in case of being issueless, every close relative in a WILL, and bequeath a little amount or NIL amount and state the reason why a little amount or NIL amount is being bequeathed. This will forestall anybody from challenging the WILL.

Good Luck,

Kishor Mehta

Material issue in such cases is the nature of the property whether  ancestral or self acquired in the hands of the last holder who makes a will.If the the property  is ancestral and the maker of the will has an undivided share therein he can make a will to the extent of his share say for example one third and the rest three fourth will go to the rest of the heirs and will be distributed  as per rules of succession among them

@Choodamani Das:  If th grandfather is having a perfect title to the property, he can very well bequeath the entire property in favor of his one son alone.  Suppose the property was of ancestral nature, the grandfather can sell or bequeath only his share of the property out of the entire property in favor of one son, rest of the property will be shared by all the legal heirs in descending order.  You ascertain the nature of property and then shoot out the question or clarify the details and come back.

@Ail Awasthi: for seeking clarification to your issues, you must post them in our own thread, in others thread you can give your reply known to you and not post any query. However, now to your question:

In your aunt's case, she being a married woman, the property inherited by her will be her own property and she can bequeath the entire inherited property to any one of her choice, other children cannot agitate her decision.  If she is also one of the legal heirs then out of her husband's intestate property, she will be entitled to only one fourth of the property which she can dispose it in any manner she desires so.

All property in my case is ancestral land, in fact this is joint property i.e. is joint in land records with about 6 shareholders including my father. Why I am bothered is that the above aunt has a better part of the land in occupation and I am concerned about her sqandering this away.

@T. Kalaiselvan, Advocate

RESPECTED/DEAR SIR, My grandfather has 2 properties-

(first) city land completely owned by him in his name of 5000 sq ft plot.He as you know made the will on one son 's name, who is my uncle. My father and my uncle and their respective families along with grandfather and grandmother are living here for past 40 years and  for 16 years since will opened in 1998. A court case is going on in CITY LAND OFFICE NAZUL KARYALAYA for past 14 years between my uncle and father but a civil suit is not yet been filed by my father. please advice what to do here????

(second) an agricultural land of 10 acres, my grandfather got through ancestral property. my grandfather had four sons, and  three grandsons.

whta is the equation through which the land will be divide into four sons and their respective sons.

the person who got all property through will had two sons, i am single son of my father.

first son of grandfather-two daughters, second - my father- one son and two daughters, third- two daughters, fourth- two sons.

 

please advice!!!