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Viral (NA)     29 August 2013

My grandfather wants to give his land to younger son

my grand father have 2 bigha of land in Gujarat . which was he got from his father. now he wanted to make a will to give this land 's right to his one son out of two. can my grandfather can make will in favour of my father or me.he do not want to share this property to his elder son.this is a agricutural land in Gujarat.

Also 30 years back my grandfather's father has made three unfair share of agriculture land among my father, my elder uncle and grandfather . My elder uncle got extra land and he is died. His son added his name in all the land( 7/12 of lands document). Now above 2 bigha land is part of my grandfather share and want to do real justice by giving all his land to my father.


Could please advice us how do we do that ?

Thanks in advance



Learning

 2 Replies

Shantilal Pandya ( Advocate)     29 August 2013

If the property in the hands of your grandfather is ancestral , he can make a will to the extent of his own share , but not for entire property  Your father has a right to claim property by way of partition to the extent of his share , regarding past partition , as 30 years have been passed ,you may not be allowed to raise such an issue as being time barred 

Viral (NA)     29 August 2013

Thank you for your answer Mr.Pandya.

So this 2 Bigha land had been given as third share to my grand father (other two share had been given to my father & uncle) - further devide in sub shares and from them my father could ask his share that's what you mean here.

thanks


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