Hindu succession act and will
Govind Sharma
(Querist) 12 October 2011
This query is : Resolved
Hi,
One of my friend's father made a will and died. The will is not registered.
In the will, he has given a flat to his wife i.e. my friend's mother.
It is a residential property and my friend residing there with his mother for quite longer time.
Now, my friend's mother wants to sell the property and wants to give this money to her other son. My friend wants to object this as he does not have any other residential arrangement. Can he do that?
How much share he can get if the property is sold?
A V Vishal
(Expert) 12 October 2011
Your query is silent whether the property is self acquired or ancestral property of deceased. In case of self acquired property, your friend shall not have any claim since the same was rightfully willed to his mother.
R.Ramachandran
(Expert) 12 October 2011
Dear Mr. Govind,
If the deceased father had made a WILL (even an unregistered WILL is OK) and bequeathed the property to his wife (i.e. mother of your friend), then on the basis of the WILL your friend's mother will become the absolute owner of the said property.
Being an absolute owner, she has every right to deal with the said property in any manner that she likes. Nobody can have any objection to that.
In her wisdom, if she wants to sell the said property and give the entire proceeds to her other son, she is well within her legal rights. Your friend has no legal right to object. Your friend or for that matter his brother cannot legally claim any share in the said property.
The younger brother of your friend is getting the money from his mother purely on the basis of the wish of his mother and not on the basis of any of his legal rights.
Govind Sharma
(Querist) 12 October 2011
and what if he object the will?
The property is self acquired by his father
Shonee Kapoor
(Expert) 12 October 2011
The friend's mother is free to deal with property in any manner.
Though your friend can challange the validity of will, if he has reasons to believe it was done under fraud or coercion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ravikant Soni
(Expert) 12 October 2011
Ramchandran sir rightly opined.
Ravikant Soni
(Expert) 12 October 2011
and what if he object the will?
On what ground???
Shailesh Kumar Shah
(Expert) 12 October 2011
I completely agree with views of Shri R Ramachandran.
@author : Govind Sharma
On what ground???
is fake?
rajeev sharma
(Expert) 12 October 2011
i do agree with Mr Ramchandran. He has rightly analysed your problem. It is very difficult to challenge the will now because your friend seems to be in the knowledge of the will for a long time and never objected to that .However if you post complete will final opinion can be given subsequent to that
Raj Kumar Makkad
(Expert) 12 October 2011
I completely agree with Rajeev Sharma.
prabhakar singh
(Expert) 13 October 2011
My answer::
1]None can differ with views expressed by Mr. Ramachandran,as they relates to law.
2]As the property was self acquired by friend of your father,he was under law capable to lay down a testamentary succession of his choice by WILL,registered or unregistered.
3]If the will is proved validly testate your
friend shall not get any share and it is not disclosed when the will is unregistered,what its date is and when your friend first came to know about it as period to cancel the will is 03 years from the date of knowledge but that way your friend would be admitting the will and question before court would be only if the will in question was written out of free wish and consent of testator or not??In the circumstances put before us by facts stated by you it would be wrong decision to seek cancellation of WILL.
THEN THE QUESTION ARISES WHETHER YOUR FRIEND HAS NO REMEDY AT ALL TO MEET THE PROBLEM POSED BEFORE HIM.i view ,he has one.you will ask what is that?i will say he should file a suit of partition of his 1/3 share in house in question on basis of inheritance pleaded under hindu succession Act against his brother and mother seeking also no interference in his joint possession by them and also for an injunction not to alienate the disputed house till final partition is arrived at.He must not plead any thing about WILL in his plaint.Let mother and his brother come to plead that then burden will be on them to prove the WILL beyond any reasonable doubt,may be several points emerges to assail the WILL during course of litigation
and even if your friend fails finally he would at least be able to protect the roof over his head for a considerable period of time,and shall in the mean time be able to create alternates which he just now does not have.
Guest
(Expert) 21 November 2011
I agree with the advice of Shri Ramachandran.
