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Can my father make will for an ancestral property
02-Jun-2023 (In Property Law)
My great grandfather had purchased a property in 1919,he had one son and he got the property.In 1967 he died and that property got divided into his three sons.Now one of his sons had 5 sons and 2 daughters.In 1994 he wrote a will stating that he is dividing that property into 5 equal parts.He neglected one of his son and all the daughters.He give 1/5 share to all sons and he kept 1/5 share for himself.He added that after his death his 1/5 share will go to one of those sons. Was he having any right to write a will & give his share to one son and making it 2/5 share & neglecting his other son?
From what you have stated the property appears to be ancestral property. In such a situation, he has no right to make a Will as each of the sons and daughter have an equal right in the property. Therefore, he could only have willed his share of the property, which works out to about 1/8th of the property.
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Adv. Angad Mehta
Delhi | 100+ Answers
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No. He cannot do so. Firstly, he can not give himself a share through a Will. Will is the document which will come into operation when the executor of that Will expired. Secondly the property is an ancestral property, he can not create a Will and curtail the right of one of his son and daughters as well. As per Hindu Law , A son and the daughter are the coparcener and they have the birth right over the property. Son can claim share by filing a partition suit in the court of competent jurisdiction. Revert me. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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your father can bequest his share through will as far as his share is concerned as per the will and can include/exclude any of his legal heirs as per his own will, yes he may neglect the other son as far as his share is concerned.
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Adv. Nitish Banka
Delhi | 100+ Answers
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He is at fault. Ancestral property devolve by birth. And now after 2005 girls also have coparcenary rights, so he can not ignore girls. However, a small portion if necesary he can make will, which can not be substantial part. For example- 5-7% oftotal property.
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Adv. Lata Lochav
Delhi | 25+ Answers
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