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Author Topic: “WILL” for inherited Property  (Read 793 times)

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Offline Rajkand

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“WILL” for inherited Property
« on: December 04, 2015, 07:14:06 AM »
Dear Legal experts,
 
I am 75 years old Hindu residing at Coimbatore of Tamil Nadu. I have some inherited properties. This is a portion of a big property purchased by my Great Grand Father which was later divided and inherited successively by my Grand Father, then by my Father and then by me.  Finally I have got 6 acres of land (as my share) by means of partition settlement. Now I have three sons and two daughters.  All are married and they too have children and grand children.  At this Juncture please clarify my following doubts..

1.   Can I execute any Gift deed to any of one of my children or grand children without the  consent of others?

2.   Can I execute a “WILL” or any other Testamentary Document as per my wish.


Thanks & Regards

Offline Rajkand

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Re: “WILL” for inherited Property
« Reply #1 on: December 04, 2015, 09:45:06 AM »
With reference to the above property last (final) partition document was executed by my father and his sons including me during 1965.  After that the property is in my position only.   At present I am owner of the property. So, do I have the right to make a "WILL" in favor of any body whom I like.

Please give your valid legal opinions.

Advance Thanks & Regards

Offline advjaya

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Re: “WILL” for inherited Property
« Reply #2 on: December 04, 2015, 09:39:26 PM »
As the property is registered in your name you can gift it or will I as par your wish.

If you will it than make sure your will is registered
Madras High Court Advocate

Offline Rajkand

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Re: “WILL” for inherited Property
« Reply #3 on: December 07, 2015, 02:52:05 AM »
Thank you very much for your valid reply. .........
But some people say that Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property and hence his children and Grand-children have the birth right in that property.   Is it true or a false information? 
Please clarify me whether my property is ancestral or inherited property.

Offline adv.amarnath

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Re: “WILL” for inherited Property
« Reply #4 on: December 07, 2015, 08:49:44 PM »
Ancestral property and inherited property are almost same. but inherited property and self acquired property is a different. Anyway, whatever you have listen, those are true till you bequeathed it or gifted it. You can absolutely do anything with your property.
Regards,

Amarnath Sanyal
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Mob - 09830303322

Offline Rajkand

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Re: “WILL” for inherited Property
« Reply #5 on: December 12, 2015, 02:16:06 AM »
Thank you very much.

 

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