Hi, My Grand father expired in 1995. He had a single wife and four sons and 3 daughters from her. My dad is his eldest son and is preceded by a daughter. In 1990 he executed 6 original identical wills on 6 stamp papers, one for each son, one for himself and one for his wife. All the 6 original wills were signed by himself, his wife, and three sons, two witnesses and three community elders. Third son did not sign as he was in USA and is still is in USA. After that each of them took one original set and wife held the third son's copy as well. these wills neither got notarised nor registered till date. Will states: 1) I have 3 daughters and four sons 2) below are properties I earned myself a) P1W: 438 sq yd primary residence (land plus house) registered on wife's name b) P2M: 187 sq yd rental property (land plus house) registered on My name c) P3M: 625 sq yd rental property (land plus house) on My name 3) P1W is bequeathed with his and his wife's consent to first son and second son as below: a) P1W-S1: southernmost 75 feet deep part to first son b) P1W-S2: next southern 75 feet deep part to second son c) P1W-S3: next southern 15 feet deep part to first son d) P1W-S4: next and remaining southern 15 feet part to second son. 4) P2M is bequeathed to third and fourth sons. 5) P3M is bequeathed to all four sons. first son is bequeathed a larger share because his dowry money was spent on the "bynote" 6) P4S, 433 sq yd land bought and registered in 1976 on my first son's name, is bequeathed to my second son in exchange for using his dowry money towards a bynote purchase. 7) third and fourth sons retained their dowries. 8) I have given farm land of 2 acres and 6 tholas fo gold to my 3 daughters. 9) Rents of P3M shall be enjoyed by I and my wife as long as either I or my wife are alive. 10) We shall live in P1W-S1 untill we are alive and thereafter P1W-S1 shall belong to our first son and non of the other sons shall have any claim on it. 11) Hence forth all taxes and bills are to be paid by the corresponding beneficiaries. Points: P1: Grand father expired in 1995 P2: wife expired in 2010. P3: Wills never got registered P4: P1W, P2M, P3M have not been mutated to beneficieries' names yet. P5: P4S never got registered in second son's name P6: second son has been living in P1W as joint family with parents but has been living in P1W-S2 since 1990. first son always lived outside as his employer Govt of India posted him in various places. P7: second son and first son were never and are not in good terms. P8: Recently second son constructed additional floor on P1W-S2 and P1W-S3 even though P1W-S3 was bequeathed to first son. When first son entered P1W-S3 second son physically assaulted him. Questions: Q1: How can first son mutate P1W-S1, P1W-S2, his share of P3M to his name without registering P4S to second son? Q2: What options does "election" clause of inheritance act offer?
Grandfather could not hav e by willbequeathed 438 sq yards of house P1W standing in his wife name
2) similarly P4S standing in first son name could not have been bequeathed by father in name of second son
3) I presume mother died intestate
4) on her demise property P1W would devolve on all legal heirs equally
5) file suit for partition for division of property P1W by metes and bounds
Hello,
To the best of my knowledge there is no term like election clause in relation to the inheritance act. Also property P1W on demise of the mother would devolve equally among all the legal heirs, you can proceed to file a suit for partition of P1W.
Regards
1. The bequest made by the grandfather of the property i.e P1W is illegal. On the demise of grandmother her property devolved through intestate succession on her heirs i.e her widower and children equally. So the grandfather could have made a bequest to the extent of his share only.
2. Property P4S also could not have been bequeathed by grandfather beyond his share therein.
3. A suit for declaration along with partition can be filed by other heirs to set aside the bequest made with respect to the above two properties.
1. Registration of property to individual name is different to that of the mutation of the property to the individual's name.
If the Will has been acted upon or enforced then registration is not necessary, just mutation of records ion the name of the beneficiaries would be sufficient.
If there is any dispute in this regard, then the Will has to be probated by a court of law for proper possession and enjoyment by the beneficiaries of the will as per law.
What do you mean by election clause of inheritance act?
