Legal Question in Real Estate Law in India

WILL on ancestral property

My father has got a house as ancestral property from my grand father as he did not leave any will. Now, can my father make a will of this ancestral property? If not, can he gift/sell/transfer this either to his son or wife?


Asked on 7/04/06, 5:58 am

4 Answers from Attorneys

BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: WILL on ancestral property

Please let me know whether there are any other legal heir of your grandfather.

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Answered on 7/05/06, 9:15 am
Navin Kumar Naashree Associates, Advocates

Re: WILL on ancestral property

Your father cannot bequeath the entire house by way of a will. He can write a will only to the extent of his legal share in the ancestral property. An ancestral property is equally shared by all coparceners in India.You are also entitled to a share in the said house.

Note:The above advice is based on the facts and circumtances mentioned.It is also advised that one should always consult an attorney giving out all the relevant details.

Navin Kumar, Partner

Naashree Associates, Advocates.

70, Asha Pushpa Vihar, Kaushambi

Sector-14, GZB.-201010, NCR Delhi.

Email: [email protected]

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Answered on 7/04/06, 10:12 am
Vivek Mapara Mapara Law Firm

Re: WILL on ancestral property

Sir,

In ancestral propety a son has birth right, and now so also daughters, so there cannot be any will on such ancestral property.

But at the same, one can make will in relation to his own individual share he has in ancestral property, and so far it is not illegal.

In case of any necessary the ancestral property can be sold.

Accurate legal advice can be given only after perusing facts of the case.

You can contact us personally for any help guidlines or suggestion, during our office hours

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Answered on 7/04/06, 3:06 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: WILL on ancestral property

Your terminology of ancestral property is not clear. In case of property belonging to coparcenary or Hindu Undivided Family, a coparcener can dispose of his share therein by Will. Such share is determined upon death of such coparcener.

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Answered on 7/06/06, 3:35 am


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