He can only write the will if he has the ownership of the said property. He can only write will of his own share if required
Ancestral property
My father has agricultural land He got this land through partition between his father and his brother. This property was devided earlier between by my grand fathers. Is my fathers share is ancestral property . Can he write will on that share to any one. The entire property was earned by great grand father. We are the family of father, Two elder sisters and myself. Can he write the will on this property to any of us. My both sisters are married. Elder sister married in 1981 and second sister married in 1987. My father partitioned the property in 1971 between him and myself keeping my grand mother as my guardian without giving any share to my sisters. My share is recorded in revenue records. Can he write will on his share to one of us.
Asked 5 years ago in Family Law
Religion: Hindu
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20 Answers
Yes, Property is ancestral property. Hindu Succession Act 1956 clarify this under the act which properties are classified as self acquired property and others are ancestral. Your great grandfather was entitled to WILL his property because it was his self acquired. After great grandparents it devolved upon your grandparents and to your father unto you is a family tree which has history of devolving of property of your great grandfather to your grand father to your father and now you have share under Hindu Succession Act 1956.
Your father has no rights to WILL ancestral property because it is not his self acquired property to execute the same under the WILL.
Property which has remained undivided for four generations is ancestral property
2) in present case it is not ancestral property
3) father can by will bequeath property
No he cannot write will in case of ancestral property in case there are other shareholders in the property who are coparceners in the property by birth.
Early recovery position that property is partition before the 2005 then it was a possibility now situation is changed because of supreme court direction in this regard recently
My great grandfather property was partioned between my grandfathers and my grandfather's share was partioned between my grandfather, my father's brother and my father. Then is my father's share ancestral property ?
Asked 5 years ago
Your father share is not ancestral property as property has already been partitioned among family members
If your father is at stage 3 and you at stage 4.
Father, grandfather and great grand father is a chain to conclude the property of your father as Ancestral property as per law.
Yes,Definitely.
Your father's share is Ancestral Property as per Law .
The property was properly partitioned between your grandfather and his siblings.
Thus it loses the ancestral nature.
It is no more ancestral property to anyone after the said partition.
It becomes your grandfather's own and absolute property.
Thus he can transfer his own property to anyone of his choice and in any legally valid manner including Will.
But you should be aware of the legal fact that the beneficiary of the Will can acquire the bequeathed property only after the demise of the testator.
No it's not ancestral property.
Once the property was partitioned during your grandfather time, it lost the nature of ancestral property.
Now your father's share of property shall be his own and absolute property, neither his children nor anyone can claim any share in it as a right at least not during his lifetime.
1. The property is inherited and as good as self acquired property. Your father can write a will for his share in property.
No it is not ancestral or joint property your father is absolute owner of his share.
No it is not ancestral or joint property your father is absolute owner of his share.
Yes your father's share is ancestral
A person can enjoy his property whether self acquire or ancestral, during his lifetime in any manner he likes. He can sell, mortgage, lease, Will, gift, alienate, transfer in any manner. The rights of the legal heirs come into effect after his death. In case your father wants to execute a Will of his ancestral property, he can do so during his lifetime.
It is not Ancestral Property. In order to call a property an Ancestral Property, it should be intact for four generations, in your case, it got partitioned by your Grand Father & Father.
Yes, your Father can bequeath the property by way of Will.
No, your father's share is not ancestral property. Refer to above reply.
Property has acquired ancestral status. Father can bequeath only his share.
On the birth of 4th generation, property acquired by father after partition has resumed ancestral status.
- Since, this property was earlier divided between your grandfathers , and further it came to your father , then this ancestral property lost its entity and now it become self acquired property.
- Further , as the said property is a self acquired , then he is having his right to transfer the same to anyone as per his wish , and none having right over the same during his life time.
- Yes, he can write to any one of you or both.
- Yes, he can write a WILL on his personal share .
If the aforesaid partitions are legal and documented through partition deed then there is no issue otherwise there can be a issue.
A property to be called ancestral , the right on a property should flow for 4 generations without any break or interruptions in title. In your case the grandfather's property was partitioned among his sons. Your father is now the absolute owner of his share of your grandfather's property. He can do whatever he wishes to do legally .
Once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property.
1. Yes he can write will as per his wish for property inherited by him through partition with his father and brother.
2. Ancestral Property once transferred on name of current owner after partition will become self acquired property of present owner and he can dispose the property as per his wish.
