Will validity on immovable property

Dear Sh.Parth,

Thank you for digital analysis of my query. 

Warm Regards

Dear Sankar Prasad,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question would be YES. This will is valid, and cannot be challenged by the daughter.

For a person to be capable of making a will, they must be of sound mind and not intoxicated at the time of creation of the will, and if they are an ordinarily insane person, the will must be created during the interval in which they are of sound mind. Also, a deaf, dumb, or blind person can create a will as long as they are aware of the consequences of their action. These requirements are mentioned in Section 59 of the Indian Succession Act, 1925. 

As long as the contents of a will are not of such nature that they are uncertain, illegal, immoral, or contain any clause that is barred by the law as per the Indian Succession Act, 1925, it is considered valid. Since none of the contents in the given will are of this nature, it cannot be considered invalid.

Since the property was self-acquired, the daughter cannot challenge the will claiming for more share than what has been given to her in the will.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil

I agree with the experts to some extent that the property being bequeathed by A is his "self-acquired" and can be offered to be bequeathed, without any objection from "daughter" or someone else.

However, whether the testator ("A" in instant case) was competent to execute the will or not is a matter of inquiry / circumstances prevailing at that point of time.

You have adequately been advised by experts on this platform based on facts posted by you, however, it is advisable to show the document to a local prudent lawyer for appreciation of facts and professional advise.

Thank You to all Team members.