can a will be made on family property in india?

Question

a landlady dies,she has a son and three grandchildren,after her can her son make a will or sell off the property on his own.he says he has a willmade by his mother giving him all authority but never shows it.he is a alcohoilc can he make a will or sell it on his own.

Answer 1

A will has to be written & duly signed by the person who owns the property known as the testator in favor of any one known as beneficiaries & name the person who can get this will executed known as executor. This will has to be signed in person of one or more adult witnesses, who counter sign it in presence of the testator. This will should mention all the details of the property that is to be devolved to whom in the manner the testator wants to get it done after his or her demise. This will has to be made by the testator who is major or adult & is of sound mental condition & should not be suffering from any mental illness or deficiencies. This will should not be made or got signed by force or fraud & should be made by his or her free will. The will can be got registered if the testator wants but it is not compulsory according to Indian laws. Now in your case there is no such written will in question but only a statement made by the alcoholic son of the deceased. He should get so called will of his mother probated & executed after the probation order issued by the court. For this he had to file a case for probation of the said will in the civil court where the property is situated & the deceased resided. The civil court shall issue notice to all the named beneficiaries & all the legal heirs of the deceased to reply or file objections if any regarding this probation. On receipt of the reply & after hearing the parties the court shall pass a probation order & based on this order the will shall be got executed in presence of the named executors in the will or the executor the court appoints to carry on this process. The all beneficiaries thus get their share out of the property of the deceased accordingly. Lastly let me bring to your notice that as far the Joint Hindu Family property is concerned the Hindu can devolve his interest in the said property by will as clearly provided under section 6 (3) of the Hindu Succession Act,2005 Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and, ..... What it all means that the part of his or her property share in the joint family property not the complete family property.

Answer 2

yes, the 'Kartha' or the Manager of the Joint Family property can execute a will subject to condition that all the properties must stand in his name and he has to execute the will as the 'testator', with sane mind, without any influence, in the presence of two or more witnesses, dividing the family properties by metes and bonds in the names of the family members. The will may be registered or unregistered and it will come into existence after the demise of the said testator.

In your case, the son and three grand children are entitled to the share out of the family property of the deceased land lady and in case if the son denies the shares of the grand children then they can file a suit against the son, seeking for 'Partition of the family property by allotting their respective share' and if at all he is having any such will in his custody, he must produce the same before the Court of Law to prove the same. This will do.Good luk.

Answer 3

You seem to have mixed up several items. Answering a hypothetical question like yours in the absence of complete details is no easy task for any one.

Answer 4

yes

Answer 5

YES IN INDIA WILL CAN BE MADE BY THE PROPERTY OWNER.
IT SHOULD BE REGISTERED WITH THE REGISTRAR THEN ONLY IT IS VALID.