Legal Question in Real Estate Law in India

My father wants to make Will in name of his two daughters in law of his agricultural land.Presently he is in Gujarat and place of location of land is in Uttar pradesh,where normally he resides.Can he make and registered his will in Gujarat?What specifics to be observed?What should be mentioned in will?Will it be enough that "he is intended to give land to hs daughters in law located in partiular place' or specific khata muber or khatauni to be mentioned?He wants to give his whole landed property to hes two sons but they are already having ancestral lands upto the upper most limit of ceiling laws permits to hold.So he wants to transfer it through will to the wives of his two sons to avoid ceiling law provisions.He was ill seriously and now regaining health in Gujarat.Will ceiling laws affect this transfer through will according to U.P land laws or it is permissible?My father has one daughter married...can she hold whole land in case her brothers full upto the top under U.P ceiling laws to avoid seizure by govt. in absence of valid will? For enforcing the Will what documents to be submitted to the U.P authorities?The will is to be for agrcultural land is procedure under U.P ZA Act contains some different procedure or fomalities to be observed under sec. 171?


Asked on 7/15/13, 5:59 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.07.2013

Dear Sir / Madam,

In the Will that your father wants to make, he has to mention the specific khata number or khatauni of the agricultural land with the area measurement, taluka, village, district in Uttar Pradesh where the land is situated, belongs to him and that he wants to bequeath this land to his daughter-in-laws. The UP Land Ceiling Act has nothing to do with the Will that your father wants to make. To be valid, a Will has to be handwritten or typed and signed by the Testator (maker) of the Will in the presence of two witnesses. To be legally valid, a Will need not be registered.

Regards,

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Answered on 7/15/13, 6:13 am
uttam Tibrewal

dear client.........

In order to make a WILL he must mention all the details related to the lan and each page must be signed and must have at least two witness........ its advisable to get the WILL registered and no harm in not getting regaistered......... its better to make the WILL via advocate.......

for any help do mail me at [email protected]

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Answered on 7/16/13, 1:50 am


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