Will
rahul
(Querist) 28 April 2012
This query is : Resolved
Sir I have question regarding my fathers 2 will\'s which is as follows
in my fathers latest / last will he had mentioned that he has three
sons and two daughters who(daughters) he has married and given them
their due share at the time of their marriages and now they shall have
no claim in my property.Further he has mentioned about properties in
two different places and how they will be given to among his three
sonsand wife .But he forget to mention about one property in solan Now
my question is does the daughters have right in the property at solan
even though he had mentioned that his daughters will have no claim in
his property.
Further he had also executed a will earlier in which he had mentioned
about the property in solan and to whom it should go but in his latest
will he has cancelled /revoked this earlier will .So can i produce
this early will for the property of solan which is not mentioned in
his latest will
Devajyoti Barman
(Expert) 28 April 2012
1. Will operates only in respect of properties which has been mentioned.
Since property in Solan has not been mentioned the daughters can surely lay their claim.
However situation would have been different ha the Will divided all the properties without mentioning its names.
2. The first Will has no force in law unless the second Will is declared to be null and void.
ajay sethi
(Expert) 28 April 2012
does the will contain a clause i give devise and bequeath rest and residue of my estate to ______.
generally in a will alwatys such clause is mentioned . pls cross check
Sankaranarayanan
(Expert) 28 April 2012
well advised by mr barman i do agreed with his opinion
adv. rajeev ( rajoo )
(Expert) 28 April 2012
Latest will always prevails. Daughters cannot claim their share in the properties which are shown in the will.
prabhakar singh
(Expert) 28 April 2012
Rahul !
If both of the will have kept your sisters away from succession by your father then only it would be prudent to produce either of the WILLS claiming the latest to be a codicil of the former.Much depends how the two wills are drafted.
It would be better for you to get in personal touch of lawyer versed in the subject.
Shonee Kapoor
(Expert) 04 May 2012
Last will would prevail. Your sis can litigate the matter.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
