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Undevided joint hindu ancestral house entirely can be will ?
22-Aug-2023 (In Civil Law)
My grandfather got a residential house before 1956 from my great grandfather (1940) .my grandfather have two son .ow grand father expired with will in favour of my cousin. Now my question is undevided huf ancestral house entirely can be willed ? Without giving share of my father. And this kind of will can be consider on notional partition where entirely property willed ?
Hi going by the facts provided by you,
The first question arises that is it a registered will or not.
Secondly we can chalenge the will stating that the will is biased and is not in your favour and as as per HUF every coparcener has a right in the property.
The first question arises that is it a registered will or not.
Secondly we can chalenge the will stating that the will is biased and is not in your favour and as as per HUF every coparcener has a right in the property.
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Adv. Ayush Kapur
Delhi | 200+ Answers
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No, the undivided HUF ancestral property can't be transferred through the will to the entirety. however, the share which the person would have devolved from the ancestral property can be now transfered in the name of person in whose favour a will has been made. Therefore, since it's an ancestral property the share of your father is secured through intestate succession. Notional partition is applied when the testator died without a will. Although this concept is not required to be applied in your case. (prima facie)
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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yes as per the provisions of the hindu succession act a coparcener's undivided share can be subject matter of the will . there is no bar against the owner of Hindu joint property to make a will in respect of his for undivided share in joint family property . please refer to Section 6 and 30 of the Hindu Succession act.
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Adv. Tahir Ashraf Siddiqui
Delhi | 100+ Answers
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