I have a question regarding my property from my father. My father has a house and he is still alive.My mother is no more. I have 3 sisters and i am the only son. My father has written a WILL giving one portion (roughly 3/4th) to me and rest to my one of the sister and the WILL is properly registered with sub registrar office. He may not have considered other 2 sisters as they are well settled.
My query is, after my father's time is it possible to have dispute in case any of the other 2 sisters where my father has not written the WILL to claim rights over the property?
Thanks in advance for your advice.
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
1. If this is your father's self acquired property then he is at liberty to gift, will or sell it to anyone he desires. There are no fetters on the right of the title holder to transfer the title of his property at his sweet will.
2. A will can be challenged only on the ground of the incompetency of the testator or that it was executed without free consent.
1) on father demise apply for probate of the will
2) notice would be issued to all legal heirs
3) if sisters object it would be converted into testamentary suit
4) you would have to prove that will was executed by father
5) sisters would not have any share if will is proved by you
1) If your father's Will is made while is in soundness of mind and body and if the property is self-acquired, no one can challenge the Will he has made.
2) Your father is under no obligation to consider any one in particular to even dispose of his property by a transfer once all the children have become adults. In case he died without a Will then all the legal heirs would equally inherit.
3) Should there be any dispute, you can always approach the court and get the Will probated after the passing away of your father.
The registered will is a substantial documentary evidence for testamentary disposition of the property by your father.
If you apprehend your other sisters to challenge the will at a later stage, you may ask your father to execute a registered settlement deed in your favor towards the same property so that this cannot be challenged or even if challenged it may not be maintainable.