1) My father made a will on 24th July 1997 on two separate properties ( A- ) & (B ) which he inherited from my grandfather's will. He did not build the property. He expired on [deleted]. 2) Property A was landed mostly & gifted to his second son. It is now enjoyed by legal heirs of this son. 3)For Property B ( Residential ) , he made the following provisions in the will - a) HIs wife ( my mother ) has life interest the whole property. b) His first & third sons & only daughter have life interest in his / her share of property - which was specified / divided by him in the will. c) He made a condition that if any son will have grandson/s , they will inherit the share of property ; else his only grandson ( from daughter ) will get the whole property B . 4) To respect sentiment of our father , we got the will probated on [deleted] . However this probate is against the present rights of HIndu Women ( daughters pf first & third son ) who have become majors now. Can we approach District Court for necessary corrective orders ?
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Probate is judicial proof that will is genuine
2) when testamentary petition for probate was applied for it was open for other legal heirs to object to grant of probate
3) if they did not oppose grant of probate it is not possible now after lapse of many years to claim share in the property
4) they can file suit for partition for division of property by metes and bounds but chances of success are bleak
I am not sure what exactly you wish to know.
If your clarify your question then i can advise further.
On an academic note the life estate of female in most circumstances considered to be her exclusive right over this irrespective of use of the term ' life estate' in the testament.
The condition of restriction of male heir has no legal bindings ad the person will inherit the property whether he has male of female heir.
Other clarifications- a) The virtual ownership of property B for only grandson ( from daughter ) arises only from probate & as there is no grandsons from 1st & 3rd sons ( related to property B ) who are old now( above 55 years ) . Daughter has one more son now after the will was made. . b) However our intention is to ensure/ correct the property rights in favour of the granddaughters from two sons ( 1st & 3rd ) as per respective shares allotted already in the will . Please advise ways to procced. , as all are willing to co-operate ( related to property B )
On demise of sons and daughter the grand son would be absolute owner of property
2) he can execute a gift deed in favour of grand daughters for equal share in property
To respect sentiment of our father , we got the will probated on [deleted] . However this probate is against the present rights of HIndu Women ( daughters pf first & third son ) who have become majors now. Can we approach District Court for necessary corrective orders ?
The law what you refer to herein above will come to your rescue only when the subject will was not executed by the decesed testator.
Since his intention was to transfer the property to his beneficiaries in the manner he decided, there is no question of the present law to intervene in his decision especially when he decide the manner and mode of disposal of his property.
Therefore dont be curious about a subject which would not fetch you any fruit despite you may strain to achieve the desired object.
The law is not in your favor in this regard.
However our intention is to ensure/ correct the property rights in favour of the granddaughters from two sons ( 1st & 3rd ) as per respective shares allotted already in the will . Please advise ways to procced. , as all are willing to co-operate ( related to property B
In the given circumstance, if all the beneficiaries agree, then you may all ignore the will and the bequest made in the will.
You all may arrive at an amicable and a mutually agreed decision to avail the property and the benefits as per the mutually agreed conditions therein.
The law will not interfere if you people have decided the issue among yourselves without any dispute on it
1. The property is distributed in manner decided by gf as he was owner of property and it was not ancestral inherited property which is same as self acquired so no right violation of daughters is there as daughter have equal right in ancestral property vide the new law but the self acquired property by will can be disposed off as grand father wants.
The grandson has to gift the share of property to the daughters by bequeathing his rights.
Or there an agreement and settlement between all benficery to ignore will and distribute as equal share to all.
1. You have mentioned "However this probate is against the present rights of HIndu Women".
2.Please note that the rights of succession of a Hindu person's properties arises only when the title holder o0f the property dies intestate.
3. If he wishes during the life time how and by whom his properties will be owned and enjoyed after his demise and executes a will accordingly, then no body will have any right on his said properties after his demise other than the persons in whose favour he has written the said will.
4. So, you have no legal ground to agitate in the above circumstances.
1. The property belonged to your late grandfather and he has executed a will bequeathing his properties to the only son of his daughter if his said two sons do not have any sons.
2. The will has already been probated by the Court.
3. No body has any right to alter the said probate
4. You can not ensure/ correct the property rights in favour of anybody since the owner of the property, during his lifetime, has already specified as to who will own and enjoy his said properties.
Dear Client,
WILL may be biased and gender based but court have no jurisdiction to make alteration to the wishes of deceased (Testator ).
Devolution of property will acc. to WILL only no other option, except that beneficiary, decline to accept the benefits through WILL.
Get the gift deed execute from grand son in grand daughter favor.
If the will is against the Provisions of the law the law will override the same. In Property daughter share is intact and cannot be diluted. Therefore the will to that effect cannot be enforced.
Dear Sir,
The property inherited under a Will is the property to be enjoyed as per the terms of Will and not otherwise.
