Sir my father has a land which is inherited from my grandfather , 4 generations old and house in which was constructed by my father and uncle together . They have divided their farm land already 7yrs ago ,1) so question is whether it is my father's self acquired property or ancestral property & 2)we are 3 brother's ,I am the youngest and my parents live with me because my brother's are not willing to share responsibility. So whether my father can write me all the property or 50% of it if he wants as my brother's are threatening to take legal action considering it as ancestral property .3)There is a commercial land also in which he wants to give me the total front side .So whether it is possible if my father wants to make a registered will . Can my brother's dispute his will ?
1 Answers
Hi,
1 - If the ancestral property has been divided among the legal heirs of your grand father then such properties acquired by your father and siblings can be treated as self-acquired ones.
" It should not have been divided by the members of a joint Hindu family as once a division of the property takes place, the share or portion which each member (Coparcener) gets after the division becomes his or her self acquired property."
Kindly read :
https://www.relakhs.com/ancestral-property-legal-rules/
2 - Once the property becomes self-acquired property to your father, he can WILL it to any person as per his wish.
3 - Is this commercial property a self-acquired by your father? If so, he can execute registered WILL in your name.
As these are sensitive issues, suggest you all to settle the disputes (if any) amicably.
You may kindly consult a civil lawyer also.
Related articles :
https://www.relakhs.com/write-will-sample-will-india-draft-will/
https://www.relakhs.com/nominee-legal-heir-will-importance/
https://www.relakhs.com/real-estate-property-transfer-deed-types/
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