How to make a will for inherited property in India?

Property inheritance is a common concept in the Indian real estate scenario. The ancestors usually leave behind movable and immovable properties for the heirs. There are many rules and regulations in the Indian law that dictate terms and conditions of inheritance. One of the most frequently asked questions is ‘how to make a will for inherited property in India?’ I am going to address this bit in this answer for you.

As per Hindu Law, the person who inherits the property from his ancestors cannot

give away the property to someone else

by making a will as the next generations have equal rights on that property. If an individual wants to make a will for self acquired property, that is completely legal. The laws are applicable differently as per the conditions stated by Indian Succession Act, as in the case of Christians, Parsis and others.

If you want to know

how to make a will

, here is a quick glimpse of the entire process for you.

1. Make a declaration statement that the will is made in senses without any pressure. Add your details here as well.
2. Make a list of assets, their value and all the details.
3. Enlist the beneficiaries who shall inherit the assets after your death.
4. Write down all the provisions carefully.
5. Mention the executor’s name
6. Write all the terms and conditions
7. Sign the will and get it registered with the notary

I hope now you know the conditions for making a will how to make a will for inherited property in India. 

Hey Pal,

There is a huge dilemma about the query, “can ancestral property be given in will?” The property inherited from paternal ancestors up to the subsequent four generations undivided is known as ancestral property. The daughter or son of the family acquires the ownership title by birth alone, according to Hindu law about ancestry. According to the law, only the family's head is authorised to make choices on inherited property.

Need help drafting legally valid sale agreements carefully with the help of lawyers? Click here Can inherited property be willed in India?

Hindu law states that a will is not required when transferring property to the rightful heir. Legal heirs have the right to sue in court to enforce their rights to their share of ancestors' property. The family patriarch splits the inherited property into portions and includes it in his bequest.

According to my knowledge, an inherited property cannot be willed; if it is, it will no longer be inherited property. Here are a few things about ancestral properties that you need to be aware of.

• When it comes to inherited property, each child is entitled to an equal share. Prior to 2005, the Hindu family's male members divided up the ancestral property; however, daughters now have an equal claim to the land.

• An inherited property becomes self-acquired property if it is bequeathed.

• If the owners of the property receive their respective shares after the division of the ancestral property. The title of the ancestral property will thereafter be removed from the property.

• If a self-acquired property is handed unequally to the following four generations, it might become ancestral property.

Likewise, if the title of the property is changed from ancestral property to self-acquired property, the ancestral property will no longer be referred to as ancestral property.

In conclusion, the short answer to your question, "can ancestral property be given in will?" is No!!

Read More:

What is ancestral property under Hindu law? Can Son Claim Mother's Ancestral Property? Can Ancestral Property be Gifted or Not?

There is one common question that we have heard a lot as law representatives. People come and ask us, “can inherited property be willed?” I thought I should clarify this once here. Before that let me tell you, there are two types of properties:

1. Inherited: A property can be categorised to be an ancestral one or inheritance property if it has been inherited up to four generations of male lineage.
2. Self-acquired: It is the one which has been purchased by own money.

In the prior case, will of inherited property can’t be made, rather the will devolves upon the heirs entitled to such property under the relevant laws of succession. Need help drafting legally valid sale agreement carefully with the help of lawyers? Click here In the later case, the owner can sell the property to anyone by preparing a will. As per Section 59 of the Indian Succession Act, 1925, the person making the Will must be of:

• Age, above 21 years;
• Sound mind.
• Furthermore, the section states that a person ordinarily of unsound mind may make a Will during the interval of the soundness of his/her mind. The section prohibits a person from making a Will when in a state of intoxication or illness which makes him/her incapable of understanding the consequences of the act.

For more information: visit How to make a will without a lawyer