Father can execute will for the property partitioned through court orders
will has to be attested by 2 witnesses
registration of will is optional
Rights on making a will/settlement/sales
My grandfather bought a property on his own and at the time of his death he doesn't made any will or settlement for his property,after his death my father and his siblings filed a partition suit against the property and got partition through court on 2002, now does my father have full right on that property to right a will/settlement
Asked 4 years ago in Property Law
Religion: Hindu
9 Answers
Your father acquired his legitimate share in the property by a court decree and judgment, thus he becomes an absolute owner of his share of property.
Hence your father can very well bequeath his share of property to anyone of his choice through a Will or even by executing a registered settlement deed.
Yes he can.
Regards
G.Rajaganapathy
It's not clear whether the decree of partition is preliminary or final.
If its preliminary decree then share of your father is determined but boundary is not demonstrated.
If it's final decree then he can take possession of his bounded share.
Yes he has full right
Hi, Your father can dispose of the property as per his will and wish.
yes your father can deal with the share that came to his hands on partition
Yes. As your grandfather's property has been partitioned through court, your father shall be entitled to his share exclusively. He can very well write a Will bequeathing his inherited share to anyone of his choice.
1. The share which vests in a co-sharer or co-owner after the partition of property, becomes his separate property under the Hindu Law, which is at par with self acquired property.
2. Hence, your father is free to alienate/bequeath the share which he received after partition.
