Legal Question in Wills and Trusts in India

Dear Sir,

Please help in proving answers for below mentioned query

Q1 My grandfather willed a property (which was self acquired by my grandfather) on the name of my father .Can my father further will that whole property in my name (We are three brothers)

Q2 Please help me understand the concept of ancestral property. Is the property mentioned in my first question ancestral ?

Asked on 8/27/13, 4:34 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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27.08.2013

Dear Sir / Madam,

Yes, since your father got the property by virtue of a Will from your grandfather without your father investing any monies in the property, it will be deemed to be an ancestral property. But what's always more important than whether the property was ancestral or self-acquired, is whether your father acquired a proper title to the property by virtue of a Probate from the Court to be treated as the lawful owner. If your father acquired a proper legal title of the property, he can deal with the property in the manner he best deems fit. Yes, your father can Will the whole property in your name, if he so wishes to.

Regards,

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Answered on 8/27/13, 5:07 am

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