Requirement of will
Querist :
Anonymous
(Querist) 25 May 2011
This query is : Resolved
In 1950 my father in law signed an agreement retaining all the rights of the property(ancestral) to himself and his son (my husband). The agreemnet also stated that his wife and daughters will not get the rights to the property.
My Father in law died in 1990. Now, he did not make a will to his property as he had already registered the agreement in 1950 making his son(my husband) the only owner at the deletion of the sisters. It was a clear proof that he did not want the daugheres to get any share in the property.
Therefore to make sure that they are not deprived, he gave them Gold and Cash at the time of their marriages in 1962, 1967 respectively.
My husband had no brothers but had 2 sisters.
Do my husband's sisters have any rights?
R.Ramachandran
(Expert) 25 May 2011
Since according to you, your father-in-law retained all the rights of the property (ancestral) to himself and his son through an Agreement, it means that both your husband and father-in-law are joint owners of the property (unless already partitioned) in the ratio of 50:50.
Since your father in law had died without leaving any WILL in respect of his share int he property (i.e. 50%), the said property left behind by him will go by way of inheritance amongst all his legal heirs in EQUAL measure. His eligible legal heirs are (his widow (if alive); his daughters and his son).
The sisters of your husband can definitely claim their share in the share of their father, which he left behind without writing any WILL. They are entitled to it. If your mother in law is alive, the daughters will get 1/4th share in the 50% share of the property. If your mother-in-law is not alive then the daughters will get 1/3rd share in your father-in-law's 50% share in the property.
bhagwat patil
(Expert) 25 May 2011
This being an ancestral property ur father in law cannot dispose it by way of will.In 1950 he made a family arrangement and vested the property to his son in 1950 only ur husband's name might be entered in ROR.if ur husband's sister have no right..
Querist :
Anonymous
(Querist) 25 May 2011
Thanks. But the replies from both esteemed experts are contradictory. My mother in law passed away in 1972.
Pls help me come to some conclusion.
If they have got a share from family wealth in the form of ornaments, how can claim both?
Thanks
Querist :
Anonymous
(Querist) 27 May 2011
Can somebody please enlighten me on the exact position as the replies are self contradictory.
The intention of my father in law is clearly spelt in the agreement and therefore it is justified to look into the matter from this perspective. Also does the fact that the agreement is signed before HSA commenced has any holding?
Thanks.
R.Ramachandran
(Expert) 27 May 2011
The reason for the apparent confusion appears to be that while I am going by your first statement that "In 1950 my father in law signed an agreement retaining all the rights of the property(ancestral) to himself and his son (my husband)", Mr. Bhagwat seems to be relying on your statement "he did not make a will to his property as he had already registered the agreement in 1950 making his son(my husband) the only owner at the deletion of the sisters".
Therefore, you have to clear the facts. Whether the property is in your husband's name, or in the joint name of your husband and your father-in-law.
Querist :
Anonymous
(Querist) 02 June 2011
The property was in the joint names but as a heir my husband was the only heir that was to get the property at the alienation of the daughters. The inclination of not giving any interest to the daughters comes out very clearly in the agreement.
Secondly the Ornaments were given to the daughters which were not given to the son to make the deal a fair one.
Thirdly the maintenence and headaches are only ours and the daughters have never taken any interest. They want to enjoy the fruit not wanting to water and feed them.
Advocate. Arunagiri
(Expert) 02 June 2011
Regarding the ancestor property, the sisters are having rights of share.
Regarding the joint property, the sisters and your husband are having the equal right over the share of the father only.
