Can I will one-third share of my inherited ancestral property to my wife, son and daughter?

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Q.I am in the process of drafting my will. I have immovable properties inherited from my fore-fathers, through my father, who is no more. I have a son and a married daughter. Can I will one-third share of this ancestral property to my wife, son and daughter? — R. Gaur

Assuming you are a Hindu male, if you have inherited the ancestral property, and it is now transferred and registered in your name, then you are the

absolute owner of the property. Hence, it can be transferred by writing a will to any person(s) in any manner, share and ratio that you wish to.

Q.I own a house and a flat and both are self-acquired. My son, his wife and daughter are living in the flat independently. Since my son does not have a steady income, his relationship with my daughter-in-law has been estranged and she wants to dissolve the marriage after 18 years. Please advise as to what is her legal claim over the flat and what are my obligations towards my granddaughter and/or daughter-in-law after their separation? — M. Singh

Being the father-in-law, you have no obligation towards your daughter-in-law and granddaughter. A daughter-in-law cannot claim any right to her father-inlaw’s property, which includes the fl at as well, till the time her husband is alive. However, once the decree of divorce is passed by the court, the maintenance and other things shall be processed as per the order passed. As a grandfather, you can leave anything, if you want, in the name of your grandchild by writing a will.

Q.My grandfather passed away one-and-a-half years ago. He had built two houses, but had not written a will. After his demise, my grandmother, uncle and aunt, who live in Australia, want to sell the house, while my father, who lives in India, doesn’t want to do so. There are no documents related to the house as it was constructed a few decades ago, but the house does have my father’s name on it. If my father wants to claim one of the two houses for himself, is it possible and, if so, how can it be done? — S. Amit

Assuming that your grandfather was a Hindu male who died intestate, all his children, along with your grandmother, will have an equal share in his property. Assuming your uncle to be the sibling of your father, along with your grandmother, can stake a claim for their share. However, your grandmother, along with your uncle and aunt, cannot sell the property without your father’s consent because he also holds a right in the property till the time that it is divided and separated.


Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

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