Property received in family settlement deed is self acquired property, it is not ancestral property in which all legal heirs can claim and have share. What you brother is claiming is not legally correct. He has no share in 24 acres and he cannot get it. Writing a will for share of inherited property.
Hello, My father has received 24 acres of land through family settlement deed. It is mutated to his name and been the owner for 30 yrs. Now he gave 24 acres of land to me through will deed. My brother and his lawyer is saying he cannot execute a will for his share of 24 acres of land. please help us giving references where my father can write a will for his share of the inherited property. Thank you.
Asked 3 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Will takes effect on demise of testator
your father can during his lifetime execute will of property received by him as per deed of family settlement
it is not ancestral property
Dear client, I am sorry to hear that but a ancestral property cannot be willed all alone to one heir but it should be transferred as per the law.
- Since, your father has obtained said land through settlement deed , then after receiving this land ,it will considered as self acquired property of your father.
- Further, being the owner of the self acquired land , your father can transfer the same to you without getting consent of others by way of gift deed or WILL.
As you had mentioned that your father inherited this property through a family settlement and got it mutated to his name, now the property becomes your father's self acquired proeprty, thereby his own and absolute property.
Therefor your father is the authority for this property and he can rightfully transfer this property to anyone of his choice and in the manner he desire and decide.
Therefore your brother cannot object or restrict your father in any manner from transferring this property in the manner your father decides including settlement.
Since, your father has obtained said land through settlement deed , then after receiving this land ,it will considered as self acquired property of your father.
Yes he can write will for only his share
What is the reason given by your brother and his lawyer as to why the land cannot be bequeathed to you ?
I dont see any problem
Your father can very well write a Will in respect of his undivided inherited share in favour of anyone of his choice legally, in terms of Indian Succession Act, 1925, dealing in testamentary succession.
The said will can be executed. Consult some other lawyer.
