Father wants to give property to only 1 grandchild any problem in it
31-Oct-2023 (In Property Law)
my father have 2 daughters no son but I have one son and my sister have only daughter . my father want to write will on my son name do this create problem..or wat to be done
1.Whether the property is self earned or ancisteral property. If the property is purchased through self earning means he have right to execute will or in case of ancestral property the will can be challenged.
If your father writes a will on his self earned estate to your son that does not create any problem. As he very much capable of doing it and no legal restriction to it. But your father can not give away property which he owned by him and which has came from his father and his Father's Father i.e., your Grand Father and Great Grand father through a will.
If the property is his 'self-acquired' one, he can write 'Will' as per his choice. If the property is 'ancestral' one, he cannot write a 'Will' as per his choice. He need to justify his action for doing so, (for example, he can mention that he paid them money in lieu of property, etc.,). It will be better to settle the property, if it is his self-acquired one. This will prevent future litigation on 'Will'.
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