• Sister husband is shouting for in law property

We are two brother and 1 sister. My sister married before 30 years and living with her husband. My father wrote his will and his still alive, in his will they did not declare any share to my sister. 
they share all between among tow brother only. Now can my Sister or husband can file court case against my father or it can only be file by my sister only. Do my father has to give share against his will note. 
what happen if my father die (he is already crossed 87) in between. please advice
Asked 1 year ago in Property Law from Jaipur, Rajasthan
Religion: Hindu
1) I presume it is self acquired property of your father 

2) your father can bequeath property as he pleases 

3) your sister on father demise can challenge father will if your father is not of sound mind or will made under coercion 

4) it is better yiur father executes. a gift deed for his property in your nane and that of your brother 
Ajay Sethi
Advocate, Mumbai
27349 Answers
1486 Consultations
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1. A will comes into operation only after the lifetime of testator. During his lifetime the testator is at liberty to revoke his will. 

2. Your sister can challenge the will only after the lifetime of your father and on the ground that it was made by him under coercion from his sons to exclude her from succeeding to his properties. 

3. To preempt any mischief by your sister your father can revoke the will to execute a gift deed in favour of his sons. 
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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Hi, if the property is the self acquired property of your father then he can dispose of the property to anybody according to his wills and fancy so your sister has no right to claim share in the property.

2. The "WILL" come into effect only after the death of your father.
Pradeep Bharathipura
Advocate, Bangalore
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The will written by your father cannot be enforced during his life time.  He can change the will anytime during his life time.
If the property is his self acquired property or he is the absolute owner of the property he may make the bequest in any manner as per his own wish and desire and to anyone of his choice.  No one can demand or put pressure on him to allot a share to them, that would be an illegal act and punishable under criminal law for the offences of criminal intimidation and threats etc.
Neither your sister's husband nor your sister nor anyone in your family or outside can file any cs against your father for not allocating a share to them, the same will not be tenable or maintainable. 
During the subsistence of the present will, if your father breathes his last, the will shall come into force and in case of any dispute over it, you can apply for grant of probate of will through competent court of law and bring the will into force.
T Kalaiselvan
Advocate, Vellore
17481 Answers
165 Consultations
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agricultural land , plots would be your father self acquired property .

you have not mentioned how residential house was given to your father by his grand father . was it by will or gift deed . 

better your father executes gift deed in your favour for agricultural land , plots to avoid legal complications on father demise 
Ajay Sethi
Advocate, Mumbai
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1486 Consultations
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1. At first blush all are separate properties of your father, which he can alienate.

2. As I said, get a flawless deed drafted by a lawyer to transfer the property,
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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The property acquired by your father through his father now becomes his own and absolute property.  He can make settlement by executing a registered irrevocable settlement deed  of entire properties in favor of the beneficiaries of his choice and the extent can be decided by him on which nobody has got any right to interfere. 
If your father do not want to give any share of property to your sister, he can make a settlement deed in favor of you and your brother now itself instead of executing a will which  shall become enforceable after his lifetime and readily waiting litigation will emerge to disturb your peace and sleep. 
T Kalaiselvan
Advocate, Vellore
17481 Answers
165 Consultations
5.0 on 5.0

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