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cmfugen (business)     16 June 2020

Can my mother bequeath all property to solely one kid

Hello,

My mother left all her property (all earned by her only-no ancestral property) to my father by leaving my sister as an exexutor of the will. The will was probated and now everything is in my father's name.

Now the problem is, my father showing favoritism to two persons (siblings) and they are enjoying the money, power and misusing also. There is nothing we can do at this moment, we tried to ask him but he is getting angry and not talking to kids whoever asking questions.

We are not sure that does he made a will or not? So, does he have right to bequeath the property to just one/two persons?

Will clearly states that if he dies before writing any will, then the property will be distributed equally among all siblings.

What options we have now, shall we wait and see or is there anything that we can do?



Learning

 6 Replies

Dr J C Vashista (Advocate)     16 June 2020

Originally posted by : cmfugen
Hello,

My mother left all her property (all earned by her only-no ancestral property) to my father by leaving my sister as an exexutor of the will. The will was probated and now everything is in my father's name.

Now the problem is, my father showing favoritism to two persons (siblings) and they are enjoying the money, power and misusing also. There is nothing we can do at this moment, we tried to ask him but he is getting angry and not talking to kids whoever asking questions.

We are not sure that does he made a will or not? So, does he have right to bequeath the property to just one/two persons?

Will clearly states that if he dies before writing any will, then the property will be distributed equally among all siblings.

What options we have now, shall we wait and see or is there anything that we can do?

cmfugen,

Since your father is sole and absolute owner/ titleholder of his self-acquired property it is his will/ desire to use or dispose of the property in favour of any body which can not be challanged / assailed.

Any will executed by your father shall be operative after his death and not during his life-time  Moreover, he may change it any day / time /number, which is legal, well within his right / authority.

Your query for action you can initiate is that you may make your father pleased and satisfied.

G.L.N. Prasad (Retired employee.)     16 June 2020

Both mother (Query caption) or father (query) - or any individual can deal with his self acquired property as he pleases and no one can do anything.  Parents must have been aware as to who is genuine and who is fake in love and affection.

P. Venu (Advocate)     16 June 2020

As you are the legal heir to the properties belonging to your father, your only option is to proke him into any decisive action in disposing the properties.

Shashi Dhara   16 June 2020

Be most obedient child of your father ,feed his back with butter ,talk with him that honey shud be dropped from your mouth,and try to avoid him not to write will untill his death.after his death do-------by engaging advocate.

cmfugen (business)     16 June 2020

Thank you all for your response.

P. Venu (Advocate)     22 June 2020

In my previous posting "your only option is to proke him into any decisive action in disposing the properties"  may kindly be read as "your only option is not to provoke him into any decisive action in disposing the properties." 

The error is regretted.

 


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