It is only with the advent of 2005 act, daughters are entitled for a share as a coparcener. As it happened in 1998, s.6 is clear that the rights shall not apply to partition before 2005.
Is will created before partition challengable
My Grand father had 4 sons and there were some properties owned by him. After my Grand father's death, ideally all 4 sons should have rights over those properties. At this point on 1987, my father has written a will stating that his share of property is only for two sons and not for 2 daughters. Later only on 1998, my father and his brothers did a Partition of entire property. After the Partition, two properties was named under my father. So, as a daughter will I have rights over my father's properties (2) that was partitioned on 1998? Is the will created on 1987 still valid? Thanks Rani
Asked 6 years ago in Civil Law
15 Answers
The properties received by your father pursuant to the partition post your grandfather's death, is his inherited property and he is free to dispose off the said properties or take any decision as regards to it, in any manner as per his wish. He having already bequeathed the two properties received by him under a will, you have no claim over these properties. That's because the said two properties will be treated to be his acquired properties.
that was partitioned on 1998? Is the will created on 1987 still valid?
And. Even this does not makes any difference.
Dear Client,
Is your alive or .... at present.
WILL can be changed any time before death by testator and in ur case WILL is valid and effective after father`s death, if duly executed and attested by 2 witnesses.
partition dose not effect the WILL.
I am not clear..Will was created on 1987 by my father. It had the complete list of properties inherited from Grand father, no division of properties was made among his brothers at that time and also he has stated rights over these property is only for his 2 sons and not for daughters. But Actual partition was made only on 1998 where in he got his share under his name (I.e. two property among the list was name transfered to his name). is will created on 1987 created before partition is still valid and can't we claim rights over the properties tagged under his name?
Asked 6 years ago
It would have been created based on undivided share which has been ratified by the act of subsequent partition.
1)if as per father will properties are bequeathed to 2 sons only as daughter you would not have any share of properties that are standing in father name after partition
it is necessary to peruse will executed by father
2) there is residuary clause generally in will wherein it is mentioned that all other assets would devolve on beneficiary mentioned in the will
3) will created in 1987 would be valid
In case your father is still alive he can change will if not the will stands if executed duly.
As the property is received in inheritance he is free to dispose it on his will.
as the will for undivided share is valid so you donot have any right.
Further will has to be examined minutely and if you suspect that it was not made by your father or no proper witness are there challenge the validity of will.
Yes, the will is still valid because your father was free to bequeath his undivided share in the properties left behind by his father(your grand father).
No, you cannot claim a share in the two properties that came to him in the 1998 partition.
U didn`t under stand what i mean,
In the WILL , he has not specifically mention particular property or holding but his inheritance in father`s property. And same he bequeathed to his sons.
So, dose not matter whether it was partitioned or not, what actually matters that he had share/right/ownership in the property at the time of execution of WILL.
You can challenge a will on certain grounds. You can't directly challenge any will without valid reasons. You need to determine on what group you are challenging the same. As the same is illegal will or void or executed through fraud, misrepresentation or coercion.
Thw will created earlier is a valid will, since the same mentioned about the properties that will come to hik after the partition. On this ground it will be difficult to challenge the same
On the other hand just to give it a try, you may challenge the will on the ground that it was obtained by force and coercion.
Contact a local lawyer for the same.
Regards
You have a right over the property as it is coming from you grandfather, that will is not valid
If your father has not made any changes in the will or not cancelled the will during his lifetime or has not transferred the property in favor of anyone else after writing this will but before enforcing the will, i.e., during his lifetime, since he has got clear title over the property, the said transfer is legally valid, hence the will shall not be effective as the bequest has already been transferred to somebody properly and legally.
Your father has written will about the share of property that he entitled to inherit, hence there is nothing to object the same.
Moreover the will shall come into force only after lifetime of the testator, hence there is no legal infirmity in it.
is will created on 1987 created before partition is still valid and can't we claim rights over the properties tagged under his name?
The will which would come into force after the lifetime of the testator is very much valid unit it has not been revoked.
Since the property inherited by your father from his parents, it becomes his own property.
Your father can distribute his own property at his wish and desire and to any person(s) favor which cannot be challenged by anyone.
Therefore the daughter cannot claim any share in the property as a right