Legal Question in Family Law in India
sir, my father and his cousin brother married two own sisters(my mother and her elder sister). My mother's father bought two sites in my fathers cousin name and after 10 years, my fathers cousin was told to transfer one site to my father, so when he transferred they made an affidavit in court that they come from same family and have settled their property 10 years back.. by mistake the the names have been interchanged, so the name of one site was changed to my fathers name( this was done to save sales tax). we are two sons to our father, my brother after his marriage went out to stay in another city and does not care for my father.. now my father wants to make a will on this site to my name.. but my brother threatens him that it is ancestral property and my father cannot make a will on my name. does it become ancestral property as it was bought on my fathers cousin name initially? and can my father make a will on my name or not?
1 Answer from Attorneys
If the property is your father's self acquired property, then he can Will it to anyone. If the property is ancestral property, then he can not Will away the entire property, he at the most can Will away his own share only in the said property.
Apparently, in your case, the property will be treated as your father's ancestral property. If you want to treat it as his self acquired, then you will have to show that the funds for purchase of same in your father's name were provided by your father from his own independent earnings.
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