Wednesday, 18 October 2017

Whether father can change character of ancestral property by executing will in favour of son?

It also needs to be stated in this regard that, in the opinion of this Court, if a property is otherwise not denied to be ancestral property in the hands of a person but such person still executes a will in favour of those persons who would naturally succeed to such property, such will would not change the actual nature of the property (as being ancestral), simply because the person executing the will, by way of abundant precaution wanted to ensure that it actually devolves upon those whom it would naturally devolve upon as ancestral property.
A father cannot change the character of the joint family property into absolute property of his son by merely marking a will and bequeathing it or part of it to the son as if it was the self-acquired property of the father. In the hands of the son, the property will be ancestral property and the natural or adopted son of that son will take interest in it and be entitled to it by survivorship, as joint family property.

RSA-1725-2016 (O&M)

Decided On: 02.06.2017

 Amrit Lal Vs.Savitri and Ors.

Hon'ble Judges/Coram:
Amol Rattan Singh, J.
Citation:AIR 2017 P&H 130.
Read full judgment here :Click here
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