Rajendta

2 years ago

My late father receive ancestral property through a partition suite against my grand father and my two uncles. Later on my father made a will (registered) giving a less share to me and my youngest brother. We are a Hindu family, having total 5 legal heirs. I want to know that whether my father can make a will of his share i. e 1/5 th only Or he can make will for total share as the property he got vide partition is of ancestral nature in which we all have equal right from birth itself. Please clarify whether will made by him for total share of property is legally valid.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may claim your equal share by filing partition suit.

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Anik

Responded 2 years ago

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A.Hi,
You are a Class I heir only in case of ancestral property as per S.8 of the Hindu Succession Act. However, as mentioned, it is only limited to ancestral property and not self-acquired. After partition, the divided property is considered to be a self-acquired property.
If you find my answer helpful then kindly rate me.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You have a birthright only in the ancestral property and not in the self-acquired property of your father as per the Hindu Succession Act. Your father can dispose of the property as he wishes to.
If you find my answer helpful then kindly rate me.

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Sidhaarth

Responded 2 years ago

A.You does not have any independent right in respect of such property. Your father can make will and can otherwise dispose his share in property according to his wishes. After partition your father became absolute owner of property and such portion became his self owned property and cannot be counted as ancestral property.

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.After partition it is not ancestral anymore.
Your father can do whatever he wants.

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Abhimanyu Shandilya

Responded 2 years ago

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A.Post partition of a joint hindu property the property becomes the self acquired property at the hands of the acquirer, here your father hence he can transfer the property to any one he wishes. Hence that transfer through will is valid.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.After Partition no property can remain ancestral so the property became your father's self acquired property and your father is entitled to make Will .However until and unless that Will as well the concerned Partition Deed be perused, proper opinion cannot be given .

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