Can a Childless Uncle issue a will in Ancestral Property 2005 died
21-Sep-2023 (In Civil Law)
In the property of my great grandfather who died much before 2005, can one of my uncles (who doesn't have an issue/child) generate a will that after his death his share may go to one of his nephew?
Yes, he can make his will as per his own wish and may also pass on his share to anyone. Your uncle can through will pass on his share of property to his nephew. But the important thing is he should do it voluntarily.
Was the property of your great grandfather partitioned between all shareholders ? Had your uncle get exclusive possession and ownership right over the property for which wants to make a will ? These are the fundamental questions which required for just and proper opinion. Better to meet me with all relevant documents/papers
Your uncle can will his shares only to the extent of his rights in the ancestral property. Anything beyond his share of property would be treated to be as invalid. He has a right or decide only to the extent of his share as beimg the legal heir of the family.
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