RE: WILL/PROPERTY
AMAN
(Querist) 20 January 2011
This query is : Resolved
I have a query, which is as follows :
1.if father transfer his self acquired property to his daughter by registered will. Will son do anything / fight against for his share in the property, pls advice?
2. If daughter wants to sell the self acquired property (free hold property) which she got through will from her father, any noc is require from her brother to sell the same.
thks,
R.Ramachandran
(Expert) 20 January 2011
Dear Mr. Aman,
A person who has self-acquired property can do anything with it as he likes and nobody can object to the same.
In the instant case, if the father gives his self-acquired property to his daughter by a Registered Will, no one can object to it. (Of course, any one can challenge a Will on the grounds of fraud, undue influence, coercion, undue pressure etc. etc. But if such a challenge comes, then the Will has to be defended.)
One should remember that the WILL will take effect only after the death of the person who is making the will.
Thus, if the daughter who gets the property from her father through WILL will not be able to dispose of the said property if the father is alive. If the daughter gets the property through WILL, she would become the absolute owner of the property and she would not require any one's consent for disposing of the property. (As already indicated, if any one challenges the validity of the Will, then only after successfully defending the WILL, the person concerned will be in a position to dispose of the property.)
Vinaya More
(Expert) 20 January 2011
Dear Mr. Aman,
Ans 1)Son can not fight for his share coz it is self acquire property of your father not ancestral property. father has right only right on the same.
Ans 2)As that daughter got that property through will then that become her self acquire property hence she can sell without your consent, NO NOC is require from anybody
V.Mahadevan
(Expert) 20 January 2011
The WILL is a registered instrument. The WILL Takes effect from the date when the father(testator)died.The daughter takes the property absolutely.Difficult to presume that a woman(daughter in this case)was in a dominant position to exercise 'Undue" influene.
The question of NOC does not arise.
Devajyoti Barman
(Expert) 20 January 2011
1.Yes by challenging the authenticity of the Will at the time of its applicaton for Probate without which the Will has no force in most part of the country.
2. Yes if the Will is probated, but if no Probate is obtained in the mean time then the signature of the brother is a sine qua non(mandatory).
R.venkatesh Naidu
(Expert) 24 January 2011
when a male person earned property by self without supporting his ancestral, it has been his self acquired property. He can right to give or transfer anybody. If he did not arrange any arrangement on the property, you can right 1/2 of the share over the prperty. But the property is your fathers self acquired property. And he als transfered his title to your sister by way of registered Will. It is absolute. So, it is her own properpty. She can full right over the property. There is no need of the noc from you at the time transfer by her to anybody. Before sale the property by your sister, in case your father's intestate you can file a suit for prove the Will.
