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Can grandfather make a will for an ancestral property


07-Jul-2023 (In Property Law)
We are having an ancestral property (agro land) against which my Grandfather & Grandmother has made a will (notarized), wishing that to give their share only to my father. At present both (Grand Father & Grand Mother) has no more. Here I would add that my grandfather has one brother, whose family is also having share in this property. My grandfather is having two sons including my father. Now my question is how much percent of the whole property will be shared by each i.e. My Grand Father, Grand Mother, Father & Uncle?
Answers (3)

Answer #1
830 votes
Taking into consideration the above facts. Your Father & Uncle would only get the share of property which will be inherited by your grand mother & grand father.

However to determine the shares one needs to legally examine the document/s and the will .

Best Regards
Adv Harshad Rathod
Answer #2
819 votes
the document of will, it is not wants of necessary for registered of document of will before sub registrar or notarised. ur grand father executed document before notarised is gud one. as per will 2/3 share of ur father and his legal heirs. they executed will in favour of ur father. and 1/3 share of ur uncle and his legal heirs.
u have apply for mutation as per will (share)
Answer #3
562 votes
ALL HAVE EQUAL SHARE IN ANCESTRAL PROPERTY.No grand father can make will only for his self acquired property only.Selling ancestral property legally
Many disputes arise when someone is selling a property; issues come up when it’s ancestral property where a lot of other claimants object where not just the seller but the potential buyer feels in trouble. It’s important to understand that under Hindu law, there are two types of properties: ancestral properties and self-acquired properties.
A coparcener can sell his interest in the ancestral property for that he needs to ask his share out from the ancestral property. For it he may file a suit for partition at any time. The settled law is that if some purchaser has bought the portion of a coparcener in the ancestral property he cannot compel him to file a suit for partition; it is the choice of the coparcener to decide as to when he would like to put an end to the status of the jointness and be separate in property.

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