in Property Law Family Law
Asked September 22, 2017

Right of benefactor to distribute in a will

  • 1 Answer

Ancestral property having 2 unit houses having 2 khatas. Khata 2 is in my mother's name. Khata 1 is in my grandfathers name who passed away last year, transferred to grandmother now. Does she have the right to make and execute a will on her own interest and divide it unequally?

Answer 1

I am assuming that your grandfather's will was not challenged by anyone and your grandmother is now the owner of the property. I am not sure as to why you refer the said property as an ancestral property. The fact that your grandfather made a will of the property indicates that it was not an ancestral property but his self-acquired property for which he made the will. The property might have been a part of your family for long but that does not mean it is an ancestral property in the legal sense if the property was partioned. If it is an ancestral property then your grandfather could not have executed this will as he cannot transfer an ancestral proprty. Assuming it is not an ancestral property, he has rightfully transferred it to your grandmother and now your grandmother is the rightful owner of the property. Being the owner she has the right to do wahtever she wants to do with the property including making a will with any benefactors distributing it any manner she deems fit. There is no legal compulsion for her to transfer a specific portion of this property to any specific relative. 

Agree Comment 0 Agrees about 4 years ago

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