ashish Kumar Pandey (advocate) 21 August 2014
My query is:
X has got a property from his father Y. X has four Son and four Daughter and X, before his death, bequethed his proprty to his to sons A & B vide registered will. Now A & B has file a Probate petition before DJ. All the other son and Doughter can get remedy or not. Please suggest us for defending the said case to secure the right of ther son.
Can X will entire property?
Advocate Ashish
Suneet Gupta (www.vashiadvocates.com) 22 August 2014
If X had got the property through a Will from his father Y, then the property is equivalent to a self-acquired property and X has the right to will the entire property to any person he wants, unless, there was any rider in Y's will.
If Y did not leave any will and X inherited the property as the natural heir of Y, then the property becomes an ancestral property, and as per the Hindu Succession Act, the property will devolve equally on all the class 1 heirs of X (i.e. all his sons).
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