Will
Rajansh Thukral
(Querist) 28 November 2011
This query is : Resolved
A will was registered in 1997 which bequeaths property in the name of sons and daughters are left out. The testator dies in 2011. Is there any right for the Daughters.
M/s. Y-not legal services
(Expert) 28 November 2011
if no mean daughters can not claim any rights over the will mentioned properties..
after 14 years now only will getting legal validity.. will in the name of sons.. DAUGHTERS ALREADY LEFT OUT. so they can not claim any rights..
prabhakar singh
(Expert) 28 November 2011
A WILL comes in operation only after the death of testator.
If the property was self acquired or personal property of the testator then testator had in his capacity right to give it to any one.
Hence if he has excluded daughters from succession then of course daughters have no right.
But in case it was a property in the hand of testator inherited from his father and if testator's father also had inherited it from his father then it would be called coparcenary property in which according to present law also daughters would be deemed to be coparcener provided parties belong to Mitakshara school of hindu law and not to Dayabhag school.
In case it is a Will by Muslim it would be deemed to be valid for only 1/3 rd of the property of the testator.
Arun Kumar Bhagat
(Expert) 28 November 2011
Only Mr. Singh has given the right answer.
A V Vishal
(Expert) 28 November 2011
Dear querist, Please clarify the nature of the property, is it self acquired or ancestral?
Rajeev Kumar
(Expert) 28 November 2011
I do agree with Prabhakar sir
Shonee Kapoor
(Expert) 29 November 2011
In self acquired property, daughters won't have any rights, but in ancestral property daughters' rights are protected.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajansh Thukral
(Querist) 29 November 2011
Thank you very much to all of you for your guidance. Mr Prabhakar has given an absolutely correct position. This preposition is a will by Hindu in respect of self acquired property. I was just wondering if there could be some case law on protection of such rights, contrary to this, though I could not find one, even after search. The law seems to be very clear on this. How to deal with a case of an excluded daughter in the light of this. Just say no to the client or there may be some chance. Thank you all once again. With warm personal regards to all, Rajansh
V R SHROFF
(Expert) 01 December 2011
Thukral Saab,
Pl ask precisely, and to the point to save ambiguity. Prabhakas saab had to write 10 lines, to answer u, instead of one. we appreciate PS, but at the same time ur Q do not hit the nail .
So experts can pin-point exactly what u want.
Mention that a "will was of Hindu for self acquired property, where d left out, and u r interested to get something for d, so what to do"
Suppose I say, d have right of mtn out of father's property!, or of residence as where they will go after divorce or desertion? or if unmarried? Will court not consider those right of women?? Will Daughters not get Stay Order ? Is the father not liable to maintain his daughter lifetime out of his property? Will Court allow sons to sell the said property & enjoy with it, leaving behind daughters on the street starving??
Think and answer yourself.
But Mr. Rajansh , first u must declare ur aim ur requirement & ur objectives, very clearly to allow expert to think of all the probable legal alternatives to help you.
OTHERWISE, OUR ST FORWARD REPLY IS "NO" now tell me, do u want this reply?? r u happy with it??
Rajansh Thukral
(Querist) 01 December 2011
Thanks Mr V R Shroff. Your point is well taken. regards, Rajansh Thukral
