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Author Topic: Importance of will in inheritance of family properties  (Read 78 times)

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Offline rahulone

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Importance of will in inheritance of family properties
« on: January 05, 2018, 06:11:55 AM »
Hi friends.

My father in his life time has put his savings into an apartment and a land in a metro city. Also he has purchased an agricultural land in the city under either his or his father (my grandfather) or his name.

The issue here is he has been staying away from the family i.e. my mother, bro, and I, due to various family fights. And there is pretty good chance for him to write any of the above  mentioned property to his relatives. My paternal relatives have been good to him due to his good job.

So kindly help me with these questions.

1. can he write a will on these properties to my paternal relatives and not to us?

2. The agricultural land mentioned above which if is on my grandfather's name. How can we get hold of that?

3. Is there any legal way to prevent my father writing will to my relatives?

Thanks for your advice.

Offline advRanjithRajagopal

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Re: Importance of will in inheritance of family properties
« Reply #1 on: January 06, 2018, 12:35:10 AM »
1. can he write a will on these properties to my paternal relatives and not to us?
ans: yes he can its his wish

2. The agricultural land mentioned above which if is on my grandfather's name. How can we get hold of that?
Ans: in the absence of a WILL made by your grandfather, the law of succession will apply and you your siblings along with your mother can claim that  share your father would inherit.

3. Is there any legal way to prevent my father writing will to my relatives?
Ans: NO you cannot its his legal Right
adv.Ranjith Rajagopal

Offline advjaibansal

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Re: Importance of will in inheritance of family properties
« Reply #2 on: January 06, 2018, 05:59:05 AM »
Dear Sir,

There is no way, you can stop your father from willing his property to anyone as he has purchased the property from his own earning. However, you father can only WILL or transfer the property which is exclusive in his name and cannot transfer the property purchased by him in the name of his father or your grand father.

He may request his father or your grand father to transfer the property but they can refuse to do so. Legally you don't have a remedy.

In order to avoid and prevent him from selling the property, you may try and file a suit for partition and injunction all the property saying that the property was purchased from the earning of your grand father and from the money received by selling any of the ancestral land by your grand father.

Regards,
JAI BANSAL, ADV.
Supreme Court OF INDIA
New Delhi, 9868566649
bansal.jai@gmail.com
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Importance of will in inheritance of family properties
« Reply #3 on: January 06, 2018, 08:18:43 AM »
Dear Sir,
My honest answers are as follows:

1.   can he write a will on these properties to my paternal relatives and not to us?
Ans: Yes or no. You must check with the Sub-Registrar Office. It maintains a record of each property and the name of transferee, if transferred by way sale, Will, gift etc.,

2. The agricultural land mentioned above which if is on my grandfather's name. How can we get hold of that?

Ans. If you are able to establish that your grand father has not income of his own and that out of love and affection your father might have taken the properties in his name, it can be proved in the Court.

3. Is there any legal way to prevent my father writing will to my relatives?

Ans: You must be very clear at the first instance only, that your father is alive. I have answered the above two question on the assumption that your father is no more.

There is no such law prevents him, but your mother can file a suit and restrain him from alienating the said properties either by Will, sale or otherwise.

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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