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yogesh (IT)     20 June 2011

Query about Ancestral Property

Dear Sir/Madam,

We have an ancestral agricultural land in Punjab which is currently in the name of my father. My father had taken charge of this land after my grandfather's death (and now the land is in my father's name), and my grandfather in the same way earlier. So, I hope that I understand this correctly as an ancestral agricultural property. Now, my father has recently written his will on this land. As I understand the law, ancestral property cannot be willed.

My question: Whenever the time comes for the execution of his will, will his will be honoured or only the law (which states equal distribution between me and my sisters will take effect). As per my understanding, he cannot will this property since this is ancestral, so is there any use of making this will even if the land is in his name now?

I will be grateful for your response.

-Yogesh



Learning

 4 Replies

piyush sharma (Lawyer)     20 June 2011

Your understanding of law  on this topic is incorrect Mr Yagesh.  Ancestral property can be sold and willed but it can not gifted. There are many judgement available free of cost on internet on this issue. My suggession is you should go to through the judgements.  If i come across with those judgements I will sent to you. 

gaury..fight to win (Education)     20 June 2011

I too thouhgt ancestral property can not be willed 

vinoddinpur@gmail.com (vinoddinpur@gmail.com)     20 June 2011

WILL ON ANCESTRAL PROPERTY CAN BE MADE THERE ARE SEVERAL CLAUSES WHICH DECIDES THE OUTCAME AS ANY LAW OF THAT PARTICULAR STATE.. AND THE CIRCUMSTANCES DUE TO WHICH THE WILL WAS MADE.. SO U MUST GO TO COURT.......

kumar t v s (advocate)     20 June 2011

The property in the hands of your father is coparcenary property and you,your sisters and your father are coparceners. You have a right in the property by birth and you are entitled for 1/4th share assuming you have 2 sisters.

Your father can certainly execute a WILL for his share in the property.

Kumar TVS

Advocate 


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