as per the will only sons are beneficiaries of the will
2) daughters do not have any share in property standing in name of deceased mother
Rights of daughter in property
Originally my mother in law acquired about 1/3rd of the property on her own and she received about 2/3rd of the property from a will of her brother in law which makes the whole property in the village. My mother in law died on April 2007 leaving behind 2 daughters and 2 sons and all are married. Before her death she signed a will in favour of all her sons and was registered in Chennai. What is the legal stand of the sons and daughters?
Asked 8 years ago in Family Law
Religion: Hindu
13 Answers
Should the will be probated and can the daughters claim their shares?
Asked 8 years ago
probate is judicial proof that will is genuine
2) sons should apply for probate of will
3) notice would be issued to all legal heirs
4) daughters can object to grant of probate
5) if daughters object it would be converted into testamentary suit
6) it has to be proved that will was executed by Mother and attested by 2 witnesses
1. If the Will is valid and genuine then only her sons have sahre in it and her daughters have no share in the proeprty.
2.However to give effect to the Will your husband will have to apply for grant of Probate which requires NOC of his sisters. At that time they can dispute the validity of Will in consequence of which the Will has to be proved genuine by the beneficiaries of the Will. Such suit takes time.
So act accordingly.
Since your mother in law has bequeathed her properties in favor of her sons alone, the daughters have been excluded in the bequest.
Thus her sons shall be the beneficiaries of the bequest made and they can partition the property and mutate them to their names separately.
Since the daughters have been excluded in the said will, they are not entitled to claim any share in the property as a right.
Should the will be probated and can the daughters claim their shares?
If the Will has been made on the properties in Chennai, then itn is mandatory to get the will probated as it is mandatory to get the will probated in the presidency towns.
The daughters cannot claim a share in the property as a right if they have been excluded in the testamentary disposition of the property.
1. The sons are required to apply for grant of probate of the said will first for claiming the shares of the prperty bequeathed to them.
2. With out the grant of probate, will has no value more than a scrap paper.
3. If the will is probated, the sons can claim their shares of the property bequeathed to them and if no probate is granted for the will, all the siblings including the sisters will have equal right on their deceased mother's property.
From your submission it is clear, she acquired the land after division, she, therefore, was in full ownership to dispose of the way she wanted. She did write a will to dispose of it. Daughters don't have any right over the alienated properties.
1. Her property has devolved in terms of the will made by her.
2. The daughters have no share in the property in view of the will made by your MIL.
3. The will is required to be mandatorily probated.
The property is in a village near kumbakonam. The sons are in chennai. My mother-in-law registered the will in favour of her sons in chennai personally before her demise. The question is when the will is registered with registrar personally by my mother-in-law the wills genuinity is proved? How to go about further?
Asked 8 years ago
1)on basis of the registered will apply for mutation of property in name of sons
2) enclose MIL death certificate
3) notice would be issued to all legal heirs
4) if no objection is received mutation would be done in name of beneficiary of the will
5) it is better to apply for probate of will before district court
Since the properties are in Kumbakkonam, probate of registered will is not necessary.
The beneficiaries can apply for mutation of properties jointly on the basis of Will. In case of necessity, a copy of legal heirship certificate along with the death certificate of the deceased testator may be attached with the mutation application.
1. Grant of Probate shall have to be taken by the beneficiaries of the will by filing an application before the Court.
2. the Court will send notices to all the other legal heirs of the executor of the will to give them the chance to challenge the will, if they so desire.
3. After hearing all the parties, the Court will either grant probate of the will or reject the probate application.
4. Mere submitting the fact that the will has been registered does not authenticate it as genuine since the executor of the will may not be in a stable state of mind at the time of registering the will or might have registered it under coercion making the will invalid, if such acts are proved before the probating Court by any other contesting legal heir.
If probate of the will is granted in favour of the sister in law, then you shall have no claim on the said property of your mother in law.
1. Mere registration of will does not ipso facto prove it is genuine as genuinity has to be tested on the touchstone of free consent.
2. Unless you have evidence to prove that will was executed without free consent there is no use going to court.