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Legal_Avi2012 (GM)     12 February 2012

Will

Dear Experts,

Need your kind help on understanding the following:

1. Our ancesestoral property is in my father's name. My father is 80+years now. After him, will the property automatically go to his children? Or does he have to make a will? or does he have to transfer the property in his children's name?

2. Though the property is in my father's name, will his sibbling's children (sibblings went on their own after their marriage, and they never lived in the property) also have a share in the property if my father doesn't make will or transfer the property to his children?

Please let me know the above.

 

Thank you in advance

 

Regards



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 February 2012

Dear Querist,

The property would automatically vest in the legal heirs of your father on his demise. In this class I Heirs i.e broadly sons/daughters/children of predeceased son/daughter, spouse, mother - take equal shares.  In their presence - siblings or their children etc. would not take anything. 

Making a will is always better since he would have the flexibilty of laying down - in what proportions and in what manner the property is to go. 

Chaitanya_Lawyer_Mumbai (Lawyer)     13 February 2012

A person can make a WILL of his self-acquired property.

Ancestral property wil go to his legal heirs in same proportion.

Legal heirs in this case are wife,sons,daughters.

If any son/daughter has died,his/her share will go to their legal heirs.


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