RE : PROPERTY
Vikas
(Querist) 02 May 2011
This query is : Resolved
1.IF FATHER MADE A WILL (NOT REGISTERED WILL) FOR HIS SELF ACQUIRED PROPERTY IN THE NAME OF HIS DAUGHTER EXCLUDING HIS SON, CAN IT BE CHANGED, IS YES HOW MANY TIMES A WILL CAN BE CHANGED, WHAT IS THE VALIDITY OF THE WILL.
2.WHEN THE WILL HAS COME INTO EFFECT, IS IT AFTER THE DEATH OF THE TESTATOR, OR BEFORE HIS DEATH ALSO?
3.IF FATHER HANDED OVER THE ORIGINAL WILL (WITHOUT REGISTERED THE SAME IN THE COURT), CAN DAUGHTER TAKE OUT HIS FATHER FROM OUT OF HIS OWN HOUSE OR THE WILL HAS TO BE REGISTERED IN THE COURT?
4.IF THE WILL HAS GOT REGISTERED BY THE FATHER FOR HIS DAUGHTER, IS HIS SON CHALLANGE THE SAME FOR GETTING HIS SHARE IN THE PROPERTY. IF YES HOW?
PLS.ADVISE.
Thks,
M.Sheik Mohammed Ali
(Expert) 02 May 2011
1. which will is made out last, before death
2.after death
3.no compulsory for register but register is safe side.
4. no you cannot challange,
unless threating & cheating & misusing from the testator
R.Ramachandran
(Expert) 02 May 2011
Dear Mr. Vikas,
We are here to assist you to legal position in regard to a given situation.
Therefore, first indicate your factual position, and then ask the question. Only then you will be able to get an appropriate answer. If you think you can get answer by asking only questions, without giving the real facts, be rest assured that the answers may not tally with the real life situation. Therefore, in your own interest, please tell the complete and correct facts. Then ask as many questions as you want. But without giving facts, please do not ask any question.
pathan shiyaz khan
(Expert) 02 May 2011
Dear Mr.Vikas,
I completly support with the advice of Mr.R.Ramchandran. First u make the questions clear if not u wont get proper advice.Make clear the testator details to which personal law he belongs. ex: a muslim can not bequeth his property through will not more than the 1/3rd share of the entire property.
Let your question be clear.Next time be clear. All the Best!!
Vikas
(Querist) 02 May 2011
Sir(s),
Thks for ur replies and your valuable advice.
I am giving below the clear facts :
Actually my father (hindu community)made a Will (not registered) in the name of my sister,excluding me from his self acquired property.
So, in this regard, I would like to clarify the following points :
1.CAN IT BE CHANGED,IF YES HOW MANY TIMES A WILL CAN BE CHANGED BY MY FATHER, WHAT IS THE VALIDITY OF THE WILL.
2.WHEN THE WILL HAS COME INTO EFFECT, IS IT AFTER THE DEATH OF THE TESTATOR, OR BEFORE HIS DEATH ALSO?
3.IF MY FATHER HANDED OVER THE ORIGINAL WILL (WITHOUT REGISTERED THE SAME IN THE COURT), CAN MY SISTER SENT OUT HIS FATHER FROM OUT OF HIS OWN HOUSE OR THE WILL HAS TO BE REGISTERED IN THE COURT?
4.IF THE WILL HAS GOT REGISTERED BY MY FATHER FOR HIS DAUGHTER, CAN I CHALLANGE THE SAME FOR GETTING MY SHARE IN THE PROPERTY. IF YES HOW?
I hope my query is clear to you now. For any other doubts, pls. feel free to ask me.
Your early reply will be highly appreciated.
Thks,
adv. rajeev ( rajoo )
(Expert) 02 May 2011
During the life time of the father he can change the will many times, but he has to cancel the already exeucted wills and always latest will prevails.
R.Ramachandran
(Expert) 03 May 2011
1. A person can make a will any number of times till his death. As rightly pointed out by Mr. Rajeev, he has to cancel each of the earlier wills made by him. Otherwise also, the last will be recognised and not the earlier wills.
2. The WILL, will come into effect only after the death of the person making the WILL and not before.
3. As the WILL will come into effect only after the death of the person making the WILL (in this case your Father), your father cannot be sent out of his house during his life time, by anybody, including your sister in whose name the WILL is written.
4. Since it is the self-aquired property of your father, he has every right to do whatever that he wants to do with it. Nobody can challenge it, or nobody can claim any share in it. If your father has given the entire property by way of WILL to only one person (in this case your sister) and did not give anything to anybody else (i.e. you), you cannot challenge that on the ground that you have not been given any share. This is because, nobody, except your father, has any share in it.
