Dispute over distribution of property
amit
(Querist) 24 June 2012
This query is : Resolved
A Mother has Property & Gold . She has 4 Daughters and one Son(Mentally Challenged) Husband passed away much before
Mother Mentioned in her WILL that
Who(from 4 Daughter ) ever take care of Her SON(Mentally Challenged) will be liable to get ½ of the total property & gold And remaining ½ will be distributed among the remaining 3 Daughter
BUT all the 4 Daughter Refused to take care of her brother (Mentally Challenged) & Some other person assure to take care of there brother
Now my Query is that..
Q. Is the WILL become Void as None of the Daughter take care ?
Q. Will the Other person (who is taking care of their brother) will be liable to claim ½ of the property & Gold ?
Adv.R.P.Chugh
(Expert) 24 June 2012
Dear Amit,
As it is it's a will that is uncertain in its operation. I don't think it is operative in any case. What qualifies as 'taking care'. What if all of them did ? Some better than the others ? who is to decide who took care ? Hence the will as it is void in my view being uncertain, the daughters and other person won't take anything. The property goes by succession.
Nadeem Qureshi
(Expert) 24 June 2012
Dear Amit
as per your information provided in your query the Will Can not be operative. Because there is not certain conditions.
best opinion can be provide after read all the terms and condition of the Will.
Feel free to call
Sudhir Kumar, Advocate
(Expert) 24 June 2012
will will now be void. It was a contract conditional to the daughter's accepting a liability which they have refused adn no such concession was bequethed to any other person. So now the property will be divided in five parts. Mrely being lunitic one doe snot loose his right to property as it can be managed by his caretaker.
ajay sethi
(Expert) 24 June 2012
there is no question on third party getting any property merely because he is looking after the mentally challenged brother .
since the daughters have refused to take repsonsibility the will would be inoperative . all legal heris would have equal share in the property .
amit
(Querist) 26 June 2012
Sir,
IF The Person(Other than Daughter) taking Care of the Brother (Lunatic) Demands Share in the Property on the ground he has been taking care of the Brother(Lunatic) for last 5 yrs is that justified ?
Here i would like to mention a sum of 5000/- per month has been provided in last 5 yrs towards care .
