Legal Question in Civil Rights Law in India

My father got the ancestral land property from my grandfather through natural succesion as he had no siblings. There was no will or gift deed given to him. My father wrote a will for me in 1986 which was intact till his death in 2005. In the same will, my father instructed me to give a sum of money to my siblings. Is the will valid as it is ancestral property? Does my father have authority to write a will as it is the ancestral property? Is unequal distribution of property in the will invalid as it is ancestral property. Is there any chance for the will to become invalid? We are kerala christians.


Asked on 7/13/13, 12:56 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. Yes, a will can be conditional. If you do not want to accept the condition of making payment to your sibling, you may not get any benefit under the will. However, a will of ancestral property cannot be made except for one's own personal share excluding the shares of other legal heirs because in ancestral property [governed Hindu law] they inherit from the date nine months prior to their birth.

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Answered on 7/13/13, 1:01 am


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