My grand father has ancestral property and he has 5 sons and 2 daughters. Can he make a will of ancestral prop

Question

My grand father has ancestral property and he has 5 sons and 2 daughters. Can he make a will of ancestral property to everybody or any one he likes. Please reply. If made can any one challenge. Property in bangalore

Answer 1

The very first thing which has to be ascertained in this case whether this property in the hand of the said grand father is ancestral property or his self acquired property. What is a Hindu ancestral property? Any property that has devolved to a person which actually belonged to his father, grand father & great grand father is the ancestral property, in simple word if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property. What is a self acquired property? Any property made by the person by his own labor or which incurred to him by partition of any ancestral property & which he got as a share being one of the coparcener becomes his self acquired property after this partition or was the sole heir of such property. Now in the present case the very first thing which has to be confirmed by the documentary proof or other evidence what is the actual nature of this property held by the grand father. In case it is ancestral property according to the definition I have mentioned here then he cannot make any will or make any gift to any one regarding such property which is a joint property of all the coparceners including all his sons, grandsons, daughters etc. If this property came in his hand as a part of share or sole owner/heir from the ancestral property that was partitioned or was held by his father during his death, then this property becomes his self acquired property which he can dispose off as he wish by way of gift or will as he likes. This is the Hindu law with regard to any property any where in India.

Answer 2

No,a will can be made only for one's self earned property .A
child gains full rights over his/her share of the ancestral property
by birth but he can claim it only after attaining the age prescribed by law
(majority).

Answer 3

your father can make a will if he has got the property transferred inhis name. If the property still, as of date, stands in the name of your grandfather, he has no right to make a will.
All legal heirs of your grandfather have equal right over this property.