• Inherited property

My grandfather divided from his brothers my father is only son to my grandfather.My father inherited agriculture property .My father died leaving will .We are 2 brothers and one sister.is will is valid?Me my mother and my sister willing take properties as per will.my brother opposing it.my question is can my father can write will on inherited and self acquired properties.can I go for probate of will.any problem I may face legally?
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) father can by will bequeath his inherited property

2) it would be self acquired property of father and you cna apply for probate of will

3) if your brother contests the will you have to prove that will was executed by father in presence of 2 attesying witnesses

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

father inherited proeprty from grand father on his demise would not be ancestral proeprty

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

Yes, your father can make Will of both self acquired property and ancestral property.

If Will is there you will have to apply for probate to act as per direction of Will.

In probate proceedings your brother can oppose the Will.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Your father can execute a will bestowing his properties, both inherited and self acquired, to any body/bodies he feels like including you and your mother.

2. The said will executed by your father is perfectly valid.

3. File an application for grant of probate of the said will since without probate, a will has no value more than a scrap paper.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Your father's inherited property is his father's property which is not called ancestral property as per Indian Succession Act.

2. Ancestral property is different title of which should flow four generations which is not the case for you.

3. Get probate for the said will at the earliest.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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