Prorerty received under will brothers asking share
My father received property from one of my relative through will.there are total 3 beneficiary for property,so my father is one of them.Now other two beneficiary have shared the property received under will with there brothers,due to this my uncles are also want share in will property so is it compulsory for my father to share that property with my uncles.even though there is no mention of any person other than 3 beneficiary
Asked 2 years ago in Property Law from Pune, Maharashtra
The beneficiary is at liberty to give a share to any family member in the property which he has inherited. Your father is under no obligation to do what the other 2 beneficiaries have done.
1) your uncles are not the beneficiaries under the will .
2) it is not compulsory for your father to share property with your uncles
Hi, when the property is received under the will, your father become the absolute owner of the property so your father need not necessarily share the property with any other person.
2. Your father has become the absolute owner of the property so question of sharing the property with others need not arise.
WILL can not be executed without filing probate in the district court. so file probate and execute terms of WILL accordingly. Only beneficiaries are entitled to get property on WILL
1. The property acquired through Will is considered to be the self acquired property of the beneficiary.
Hence the same is not considered to be the ancestral property of your father and your uncles can not claim any share in it.
Your father is free to give his share in the property to anyone he chooses.
The Will can be enforced by its recited meaning in the way the bequest has been disposed.
If the other two beneficiaries have already availed the bequest what stopped your father from taking away his share?If there is no mention about sharing the bequest with those uncles in the Will,there is no reason for your father to share the benefits with them. Even your uncles have no right to claim a share out of the bequest made on your father's name. Your father can deny them, let them approach court to get the relief if they are entitled.