Ananya Gosain
31 August 2021
Under the Indian Succession Act, the distribution of the property after death is divided mainly into two parts, intestate succession, and testamentary succession. Intestate succession takes place according to the law of inheritance applicable to the deceased person (based on religion) in which the deceased person had no choice or preference as to the distribution of his/her property. Testamentary succession takes place when the deceased person has created a Will, directing the distribution of property after his/her death.
The property distribution is done through the creation of Will as per the wish of the deceased. Testamentary succession for Hindus is as per the Indian Succession Act, 1925. Hence, any person who leaves a valid Will, being a Hindu as per the Act would be governed by the Indian Succession Act, 1956. People who come under the jurisdiction of the Hindu Succession Act, can bequeath their property to any person, even excluding relatives, through the execution of a will.In case of an ancestral property, generally it is needed to be shared with other rightful beneficiaries. However, your father can bequeath his share to whosoever including a single person.
Since your father's last will stated the site to be shared between two brothers, it will be executed. A will cannot be changed easily.
For more knowledge on this you may refer https://www.lawyersclubindia.com/articles/hindu-succession-act-11929.asp
Regards