• Grandfather self acquired property transferred by registered will

My Father's self acquired agriculture land was transferred to me through registered will.
After his demise the the land belongs to me,Now this land will be considered self acquired property or ancestral property?
I wish to transfer the same property to my son through registered will .In that case,Will my daughters can claim their share ?? If they challenge the will in the court ,what will be the possible outcome.
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

1)it will be considered as a self accqired property. 2) your daughter cannot claim if you make a will in favour of your son ..3) they cannot challenge, as it is not maintainable

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hello,

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. Therefore, your property is not an ancestral property and you can transfer the same by means of a will.

You can transfer your property in any manner you want by means of a will, but it can be challenged on the ground of coercion, forgery, misrepresentation etc.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) inherited property would be regarded as your self acquired property

2) you are at liberty to bequeath property by will to your son

3)will should be attested by 2 witnesses

4) daughters can challenge your will but if there are no suspicious circumstances surrounding the will probate would be granted by HC

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Let me know if I can be of further assistance.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. The property you were bequeathed by your father in your hand is your self acquired property.

2. Being the owner of self acquired property, you are at full liberty to deal with your self acquired property, to gift or WILL the property to anyone of your choice or sell the property, etc.

3. Any body can challenge anything against any other person, hence your daughters' may challenge your WILL after your lifetime.

4. To avoid your daughters' challenging the WILL after your lifetime, gift the property to your Son during your lifetime itself.

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

My Father's self acquired agriculture land was transferred to me through registered will.

After his demise the the land belongs to me,Now this land will be considered self acquired property or ancestral property?

It will be your own and absolute property inherited through a bequest made in your favor. This cannot be termed as ancestral property.

I wish to transfer the same property to my son through registered will .In that case,Will my daughters can claim their share ?? If they challenge the will in the court ,what will be the possible outcome.

Since this property becomes your own and absolute property you have full rights to transfer it to anyone of your choice. Nobody can question or authority in it neither your daughters can claim any share in it hence you may transfer the property by executing a testamentary disposition deed in favor of your son as per the procedures meant for it.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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