• Will

I am a Hindu and have inherited a house from my father (his self-acquired ) vide his will. I have two children.
 - Can I will it to one of my children, not to the other one. -Can I sell the house on my terms, without taking no-objection from my children. 
- If I sell this house and buy another one from the proceeds, do the children have automatic inherit right over the new house. Please enlighten
Asked 7 years ago in Property Law
Religion: Hindu

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18 Answers

1) If the house is inherited by WILL than your sons do not have any rights on this property. I can do whatever you want to this property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Your children would have no rights in the property during your lifetime as the same would be treated as self acquired property.

Also, you can execute a will in favour of anyone and can also sell the property, as per your wishes.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

If property is self acquired and not ancestral then you can transfer to any one without consent of your childrens. No need for any Noc.

You can sell inherited property without consent of your sons. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

If there is no condition in the will and it is solely transferred to you this is not answer to property and you have all the right to dispose the property as per your wish you can be the property you can gift this property are you cancel this property to in third person as you think reasonable

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes you can will it to one children on you wish. 

2. You can sale it also the children has no right on same and cannot take any objection.

3. No it shall be self acquired and children will have no right over it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir 

As you have inherited the house as per the Will, you become the absolute owner of the property and therefore you can sell it or Will it to anyone you want, you do not require to take any no objection from anyone.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Sir,

Since it is an ancestral property, you sons will have right over it.

If you acquire a property from the sale proceeds of this property the claim of your sons are not stopped.

Only your self acquired property can sole right of yours.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

You can execute will bequeathing property to one of your sons 

 

2) you can sell property without consent t of your children 

 

3) children would inherit your property if you die intestate 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Dear Sir,

If you inherited a property by your father through Will, then you are the absolute owner of that  property.  You can do whatever you like.  Your children's have no right over your property.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

As property is bequeathed to you, it becomes your property 

Your children have no right

You can do whatever you wish with the property 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

If it's an ancestral property then you can't will it to only one. The other one will also have right in the same. If you need to sell it you will require noc and consent of other one.

Prashant Nayak
Advocate, Mumbai
34587 Answers
249 Consultations

Athens property was your fathers but got it through a will. Therefore you can either sell it name it to one of your sons or do anything with it. The children have rights but only if you don't give it to someone else.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hi,

Since it is the self acquired property of father, the children have no right. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have got a property by way of will from your father which was self acquired property of your beloved father.
  2. Let me tell you that as per the law, any property which a Hindu Male is inheriting by any way (will, gift deed or transfer deed) from his father, grandfather or great grandfather, would automatically be an anscestral property for the children of that Hindu Male.
  3. Now, it makes clear that your children are having birth right in it, even there are case laws which say that the property sold and bought another without the consent of the children, then the children would have a right to challenge it when they become major and if already major then at any time within the period of twelve years.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. IF the property was Self-Acquired by Father, THEN Father could have made a will in ANYBODY's favor.

2. IF you have inherited the property via a proper will, THEN it is your absolute property (now classified as self-acquired), and NOBODY has any right on the same and you can sell /gift /transfer /mortgage /donate /whatever to anybody, without any reference to any of your legal heirs or whosoever.

3. Above theory applies to newly purchased properties by you. The children do not derive "automatic rights" over your property, unless and until you are certified as "mentally unfit" for any reason.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Since it is inherited, automatically your sons also get the rights of the property. 

Without concern of your children, you can not sell the property legally.

 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Yes

Yes

No

Deepankar Kataria
Advocate, Delhi
194 Answers

Since this was property was transferred by your by your  deceased father by executing a testamentary disposition i.e., a Will, you are the absolute owner of the proeprty.

You need not take anyone's permission to dispose this proerty in any manner of your desire and to anyone of your choice.

Therefore you need not take the consent or permission of yor children to dispose the property 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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