Will of Undivided property compromising land and building

546 votes

Yes, a Will can certainly be made for an undivided proportionate share in a joint property, including land on which a multi-storey building exists. Under Indian law, each co-owner is fully entitled to bequeath his or her own share in the property, even if the property is not physically divided. A Will does not require the property to be partitioned beforehand. In your situation, where there is joint land and a three-storey building constructed on it, each co-owner’s undivided share can be clearly mentioned in the Will. The testator must describe: • the nature of the property (joint/undivided), • the exact proportionate share held by the testator (for example, 1/3rd, 1/2, 20%, etc.), and • to whom that share should pass after their lifetime. Even though the property is undivided, the bequest remains valid, and after the testator’s death, the beneficiary will step into the testator’s shoes as a co-owner. If required, the beneficiary can later seek partition or settlement with other co-owners. Ensure that the Will is drafted with proper clarity about the share being willed, is signed by the testator, and is attested by two independent witnesses. Registration of the Will is optional but recommended for additional legal strength. If you need, I can draft the Will format tailored to your exact property details.

Advocate Yuganshu Sharma LawRato

980 votes

You can make a will for your undivided share in the joint family property, but there are some conditions. If you're a coparcener (a member with birthright) in a Hindu Undivided Family (HUF), you can bequeath your share to anyone. However, if the property is ancestral and governed by Hindu law, you can't will it away without the consent of other coparceners. Your share will pass to your heirs, not to the other coparceners, unless specified otherwise. To avoid disputes, it's best to get a partition deed or family settlement to divide the property clearly. Register the will and ensure all co-owners are aware of it. This will help prevent future conflicts and ensure your wishes are respected. It's also recommended to consult a lawyer to understand the specific laws and regulations applicable to your situation and ensure your will is valid and enforceable.

Advocate Aniket Singh LawRato

704 votes

You can make will of any personal property in the manner you decide. In so far as the property acquired as per the law, you can proceed with the will with respect to such property in order to minimize any possibility of conflict in future. Your property must undergo legal due diligence before initiating with the process of preparing will. There are multifarious approach to move forward with this process. You should adopt the method which is personalised to the need of your property. Additionally, you should ensure that your will is properly stamped in order to make it valid for any potential proceeding.

Advocate Aditya Kumar LawRato