My father holds a property with me a son and daughter as legal heir, ten years back the house was demolished and newly constructed with ground + 2 & half floors, since my father is retired person I spend on construction costs, so my father same time transferred 1/3 of the property the ground floor was gifted to me on gift deed . Now my father has prepared a wasiyat in plain paper fully typed with 2 witness signed but not registered that the balance 2 floors and 3rd floor half to be shared by me and my sister after the demise of my father and mother. My main doubt is as my father has already given me 1/3rd of the share as gift (since I have constructed the house) as per the wasiyat am I entitled for 2/3 of the share as per law, will there be no dispute, kindly clear my doubts.
Is the wasiyat valid if nor registered and suppose my father expires does my mother is entitled for a share, please clarify.
There is no problem in what you father has done.
In any case if there are just 2 legal heirs, whether or not this will was there, the remaining property, i.e, the 1st floor, 2nd floor and the 3rd floor was to come to you and your sister, 1/2 to each of you.
Your father having already gifted you the ground floor, has rightly not been made a subject in his will.
Hi, since 1/3 share has already been gifted to you , therefore in future the remaining property will be equally shared or transferd between the Legal heirs .. So in your share the property that is already gifted to you plus the share that you will inherit from your father .. Kindly share the details of the WILL , for proper guidance ??
As earlier informed me and my sister has to divide the 2 & half floors how to divide them equally as per law.
Since already 1/3 has been gifted to you and the same has not bee revoked before making the wasiyat.
The asiyat sayd that "the balance 2 floors and 3rd floor half" shall be divided between you and your sister. Therefore the remaining 2/3 of the share will be divided among you two
Father can during his lifetime execute gift deed in your favour . You would be absolute owner is said property
2) as far as will is concerned Muslim can only bequeath one third of property by will
3) The remaining two-thirds of the testator’s property must go to those who are his heirs at the time of his death
If you will fail to divide it equally by mutual consensus, one of your can approach the Court for division of the property in two equal halves by metes and bounds.
Your mother is entitled to share in property as per Muslim personal law
Since the property belongs to your father and he has made a will, therefore you and your sister will have share in the property after the death of your mother (as per the terms of the wasiyat)
Yes a unregistered wasiyat is also a valid wasiyat.
Regards
Will or no will, in any case, the remaining property(except ground floor) was to be shared equally in between you and your sister.
The gifted portion the ground floor was not given freely I have incurred a big amount equivalent to the cost of the ground floor portion, instead of selling to some body I have been gifted instead of sale deed, but for the rest of the portion 1+2+half of 3rd floor as per law as legai heir am I not entitled for 2/3 of the property and 1/3 to my sister. and I am the one taking care of my parents.
Since the property is the self acquired property of your father the same can be disposed off in any way as deem fit by your father.
Regards
Hi, either you can divide the propert as per the area , or as per the equal market value .. You can both get one floor transfer in each name and restrain equal rights for the topmost floor ..
Your mother is also legal heir on your father demise
2) on your father demise your mother , you and your sister would be the legal heirs
3) only one third assets canbe be bequeath ed by father by will
As I checked the wasiyat my father has clealy given that 2/3 of the remaining share of 1+2+3rd half portion belongs to me and 1/3 to my sister, is this wasiyat valid in court of law, or from my sisters side they can oppose this.
Father cannot bequeath 2/3 property by will
Mother also has share in property
Sister can oppose the will
I think you are no more aggrieved, since your sister has only been given 1/3rd share of the (remaining) property.
This will is proper and completely valid in the eyes of law.
The said will is proper and valid
1. If possible, get the Will registered in the Sub Registrar office. Although it is no necessary to get the Will registered but it helps when it is challenged because the record maintained in the office of Sub Registrar, compurterized photo in the office of Sub Registrar, presence before Registrar, etc. proves its genuineness.
2. As regards, ground floor gifted to you before execution of Will, cannot be part of Will. You will definitely entitle for 1/2 share in the property after the demise of your father and mother.
3. As regards, sharing of property after the death of your parents between your sister and brother, you can mutually decide/partition the remaining floor there and then. However, I do not understand how the 3rd floor is half. Here it seems that you are not clear about the roof rights.
first of all your father has already gifted you a part of the property. subsequently he made an wasiyat stating that you will get 2/3 of the remaining property and your sister will get 1/3 of that.
there is no problem.
for the sake of argument you father is entitled to made wasiyat stating that your sister will get full share of remianing property. you must not have any legs to stand there. similarly your father made wasiyat that you will get 2/3 of the remaining property and your sister will get 1/3 of that. your sister also must not have any legs to stand.
on the day of preparation of wasiyat whatever property belong to your father, he made the wasiyat.
on going through the plain reading of your statement it is not possible to say that the wasiyat is correct or not.
whether your father has made any arrangement for payment of denmohar to your mother. if it is not then it may be incorrect.
My main doubt is as my father has already given me 1/3rd of the share as gift (since I have constructed the house) as per the wasiyat am I entitled for 2/3 of the share as per law, will there be no dispute, kindly clear my doubts.
Since one third property has already been transferred to your name by a registered deed, you do not have to reopen that topic again.
As per the current settlement/transfer, you and your sister are entitled to half share each in the remaining property, you can draw terms mutually for a partition and amicably settle the issue between you two instead of creating controversy on other issues which will complicate simple things.
Is the wasiyat valid if nor registered and suppose my father expires does my mother is entitled for a share, please clarify.
The wasiyat need not be mandatorily registered.
The testator cannot bequeath entire property through wasiyat as per Muslim personal law.
Your mother is also entitled to 1/6th share ion the property if there was no wasiyat, but if she has been excluded in the Wasiyat, then she may not be entitled to any share, since this is not intestate succession.
As earlier informed me and my sister has to divide the 2 & half floors how to divide them equally as per law.
If the bequest made in the Will (wasiyat) is that you both shall share half the remaining properties each, then it is very much valid, she can claim half share in the bequest made.
The gifted portion the ground floor was not given freely I have incurred a big amount equivalent to the cost of the ground floor portion, instead of selling to some body I have been gifted instead of sale deed, but for the rest of the portion 1+2+half of 3rd floor as per law as legai heir am I not entitled for 2/3 of the property and 1/3 to my sister. and I am the one taking care of my parents.
The property transferred to you vide gift deed shall be your own property however if there was Will and it has come into force, then the Will shall prevail upon the intestate situation what you refer.
The so called claim for 2/3rd share in the property shall be effective only when your father has not written any will. and is not alive
As I checked the wasiyat my father has clealy given that 2/3 of the remaining share of 1+2+3rd half portion belongs to me and 1/3 to my sister, is this wasiyat valid in court of law, or from my sisters side they can oppose this.
If your father had marketable title to bequeath the property to the beneficiaries, the proportion what mentioned in the Wasiyat is legally valid and cannot be disputed nor any dispute by her is maintainable.