Property will.
shivam
(Querist) 04 May 2013
This query is : Resolved
Dear Club,
My queries are as follows:-
1) If my mother makes a will in a plain white paper and signs then whether it will be a valid and legal will?
2) If my mother dies after making the will before my father’s death then can my father make a new will cancelling my mother’s will.
3) What is the share of the son and the daughter[married and employed] in the father’s property?
4) Can my father give the entire property to his daughter without giving it to his son? If he gives the entire property or his share to his daughter then what can the son do legally?
5) Kindly specify the SHARE by which the property can be divided between son and daughter?
NOTE: Our property is a joint property i.e, in the deed both my father’s and mother’s names are given.
KINDLY REPLY.
Adv. Chandrasekhar
(Expert) 04 May 2013
1) If my mother makes a will in a plain white paper and signs then whether it will be a valid and legal will?
Yes. It is a valid will.
2) If my mother dies after making the will before my father’s death then can my father make a new will cancelling my mother’s will.
Your father can make a will in respect of the property owned by him. He cannot cancel or change the will of your mother, in respect of the property owned by your mother.
3) What is the share of the son and the daughter[married and employed] in the father’s property?
if father dies without executing a will and mother predisposes, then son and daughter (even married daughter) get equal shares. If mother survives, she will also have equal share.
4) Can my father give the entire property to his daughter without giving it to his son? If he gives the entire property or his share to his daughter then what can the son do legally?
He can give his "self acquired property" entirely to his daughter and the son cannot do any thing. If it is ancestral property, then the provisions of succession Act prevails.
5) Kindly specify the SHARE by which the property can be divided between son and daughter?
If intestate, equal shares.
R.K Nanda
(Expert) 04 May 2013
consult local lawyer.
Devajyoti Barman
(Expert) 04 May 2013
1. It will not be a valid Will unless two witness attest the Will.
2.No he can not.
3.Equal share.
4.Yes but in respect of his self acquired property , not in respect of ancestral property.
5. Equal share.
shivam
(Querist) 05 May 2013
Dear club,
Thank you for your advice, but I am confused between the two opinions given by Mr Devajyoti Barman and Adv. Chandu . Kindly clear my doubts:
1)Two witness should be from our family members or outsiders? Is it mandatory or only the will is ok and enough?
2) Can my father give his share to his daughter’s son instead giving to her ?
3) If any daughter [during her marriage] takes DOWERY [by her husband]then whether she is entitled to get the share of her father’s self acquired property?
ajay sethi
(Expert) 05 May 2013
it is not necessary that 2 witnesses should be family members . it can be any friend of family too . it is mandatory that there should be 2 witnesses .
your father can give his property to whom soever he desires. it is immaterial whether any dowry taken by daughter . father can still bequeath some property to his daughter
prabhakar singh
(Expert) 05 May 2013
A will can be drafted on plain paper.
The will should be signed by the testator in presence of two attesting witnesses.
The two attesting witnesses also should sign will in presence of testator.
Anyone capable to enter into any contract can be an attesting witness.
None is authorized in law to change any will after the death of the testator.Only testator can change it upto last breath.(then your father can not change will of your mother after her death).
When a hindu male dies intestate his properties devolve in equal upon those who survived him among his mother ,widow, sons and daughters.
When a hindu female dies intestate her properties devolve in equal upon those who survived her among her husband sons and daughters.
Any owner of property has absolute right of
transfer intervivos or by will and his this wish can not be checked by any body.
