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indraneelbhattacharjee   19 February 2015

Is the will valid

My cousin Sister had registered a will of a Property/Plot owned by her in Collector's colony Chembur. This property was transferred  on her name after the death of her Husband. The property card was originally in the name of my brother-in-law and now the name in the property card is my sister's name who has also expired. She has made a will mentioning some amount to be given to her father's side thats us and some amount to be given to her Husband's side. My query is -" Is the will Valid?"  Is it true that such property can be distributed through only succession certificate and can be applied by only the Husband's Family and not her father's family?



Learning

 3 Replies

Adv. Mandar Pimpalkhare (Advocate)     19 February 2015

Dear Qurist

Whether the said property is self acquired property of your brother-in-law.  if its self acquired one will can be made and is valid.  but if its ancestral property no Will can be made for such property.

It is not clear from question you asked which amount is to be distributed among father's side and husband's side.  do you want to say the amount of sale proceeds of the said property.  See if the said property is not self acquired ( means its ancestral property) it will pass to the legal representatives of your sister's in laws. Maternal relatives have no role in such property.

 

Mandar Pimpalkhare

Advocate

saravanan s (legal advisor)     19 February 2015

once the property got transferred to your cousin sisters name it had assumed the status of self aquired property of your cousin sister.it means that she can will it to anyone she wish to do.

only if she had died intestate and have no children then the property would go back to the heirs of the husband for its him who had given the property to her.in that case her gather or heirs of the father would not have any right over the intestate property

the will is valid.so you dont need a sucession certificate.if you suspect about the genuiness of the will then you can apply for probate of will in the court

indraneelbhattacharjee   19 February 2015

I Thank Adv Pimpalkar and Adv Saravanan from the core of my heart for your Valuable and the prompt feedback. We are not sure whether the property was given by the father of my brother-in-law to him as we have no documents indicating that. The Property Card chain shows only my brother-in-laws name and after his death it was transferred in the name of my cousin sister who made this will. Currently the property card has her name. She didn't have any children and made this Will. She had kept a very small amount to be given to the Husband's Side after the sale of the plot and from her movable assets, as she was mostly looked after,  during her life and prolonged illness (CANCER) by her Father's side and not by her Husband's side. Is Such will valid? 

Although her Husband's side was allotted only a small amount by the will and there are all together 19 beneficiaries having been allocated various percentages I brokered peace between all the beneficiaries of the will including the Husband's side and through a memorandum of understanding to divide the proceeds the sale/liquidation form all her movable and immovable property/assets in the ratio of 35% to the Husband's side and 65% to the Father's and keeping this ratio it would be shared equally among everybody in the respective side.  This MOU has been well accepted by all our family members including the husband's side. Now Problem is that the Advocate of the builder with whom we are almost through in our deal of sale of the plot says that such property can willed and the husband's side only has the right to apply for succession certificate and letter of administration. Thus I seek Direction and your valuable advice.


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