Legal Question in Wills and Trusts in India
Can he lawfully make will?
My Great Grandfather died intestate in 1946 after self aquiring a property. The property was further partitioned amongst my granfather and his 2 Brothers & Mother too; into 4 equall parts by a DEED OF PARTITION (1967).
My father was born in 1962; prior to execution of Deed of Partition (1967)
I am concerned only about my grandfathers share and that my Father expired in Jan 2004 & Grandfather in Feb 2008.
Now, I am the heir of pre-deceased son (i.e. my father) of my grandfather.
Does my grandfather has right to make a Will bequeathing his whole share he got in DEED OF PARTITION (1967)with his 2 Brothers & Mother, to desired people ?
Is it that the property is to be treated as his individual just because of DEED OF PARTITION ?
3 Answers from Attorneys
Re: Can he lawfully make will?
no he cannot make a will in respect of ancestral property
Re: Can he lawfully make will?
It is ancestor's property and not self acquired property and therefore he cannot make a will.
Re: Can he lawfully make will?
No, he cannot make a will. the property is not his self-acquired even though he got it after partition.
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