Legal Question in Wills and Trusts in India
Is Will Deed cancel on the basis of ancestral property & she has no right to make a will.?
My Grandfather had 20 Acre land by tenancy Act. He distributed the land to his heirs without partition as follows
1) Grandmother - 5 Acre
2) Son - 5 Acre
3) Daughter - 5 Acre
4) Daughter - NIL
5) Self - 5 Acre
He don't make any partition deed.
Grandfather son died & his share of 5 acre transfer to his 3 children's account.
After death of the Grandfathers' 5 Acre share of his own transfer to his wife Account.
The Grandmother make will in favour of her daughter's & not give any share to her son's children. In the Will she said "she makes a will of her self acquired property" She make a will in Registrar Office.
My Question is -
Is this will cancel in court on the basis of ancestral property & My Grandmother has no right to make a will.
1 Answer from Attorneys
13.07.2013
Dear Sir / Madam,
Your grandmother inherited 10 acres of land from your grandfather. So she enjoys the right to make a Will to transfer her title to the 10 acres of land in the name of her daughters or to any anyone she pleases.
Regards,
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