Final Hearing coming close - Pls Help !!

Under S.59 of Indian Succession Act, every person of sound mind may dispose off his property by will.  Hence, if one gets a property by will, it becomes his self owned and self earned property.

Is your grand father alive?  Has he made any will of the said property?  It becomes your grand father's own property.  However, if he has not made any will, it will become your father's as well as your ancestral property.

Sir,

Thank you for the details. My Grandfather owned the property since it was bought. Also he recieved the property through his fathers will.

And my Grand Father expired in 2002.

Sir, Also i searched the document s 59 of the act. but the words self owned property are not there. Can you pls help. Thanking you in advance.

Hi Nitin,

A Will can be executed of ancestral property in Mitakshara System of Hindu Law, refer to Shayam Lal Vs. Sanjeev Kumar 2009 (5) SCALE 507, decided by SC. [Section 30 read with Section 4 of Hindu Succession Act]

Before execution of the Will if all the legal heirs have acquired equal share in the property then the property obtained by Will becomes self acquired property.

No ,

Actually the property was bought in 1916 by my great grand father on my Grand Fathers name.

Also when my Grand F became major, they transferred the property on his name, becoming the owner.

Also my Great Grand Father transferred the property to my Grand Fathers name thru will.

So as per all the points above, my Grand Father is the absolute owner of that property.

NOW the case:

My Grand Father has made a will, in which he has not given any thing to my uncle.

Which my uncle is opposing. My Uncle says its an ancestral property and so my Grand father does not have the right to make a will. He says, Will cannot be considered & so he is also a legal hier of the 50 %.

Hope i have cleared the point.

So i have to prove the point that if will exists, the property in non ancestral

property throygh will - ancestral property

will of ancestral property is valid (provided the ancesrral property is divided , in this case no question of division arise) bcoz the disposition is of whole property to your father thrgh will

uncle is not entitled for the share