Will and succession
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(Querist) 16 December 2012
This query is : Resolved
sirs,
one of my friend has send me a query, which i am copying here.
I need all your help in resolving it ,Sirs ...........................................
My father has two brothers (younger to him) and five sisters (3 elder to him and 2 younger to him), all together 3 brothers and five sisters. Of which all sisters are married and out of which 2 sisters (elder) expired.
My grandfather (expired) had made his will (on stamp paper and registered) in the year Nov, 1952, wherein he had mentioned that his property (in kannur, Kerala) to be distributed among his only three sons and daughters (5) names not mentioned at all, anywhere in the will. My grandmother have also expired.
After 60 years, my daddy and his brothers want to distribute the above said property among themselves, but their sisters (married and alive) claim that they also have equal right in the said property.
My query is as following :
(1) Does the will made in the year Nov, 1952 is valid till date ?
(2) Can three brothers distribute the property among themselves as per the will, without the consent of their sisters ?
(3) Do the brothers have to take consent from their sisters (alive) to distribute the property among three of them ?
(4) Do the five married sisters have equal right in the property ?
(5) Is the rule for daughters different in KERALA ?
I would be highly obliged and thankful to you if you can resolve my legal queries.
Eagerly looking forward for your reply.
Thanking you.
Raj Kumar Makkad
(Expert) 16 December 2012
1. Yes.
2. They shall have to get the will probated first and law of limitation shall definitely come in their way but have no other option but to file civil suit.
3. Yes, otherwise case has to be filed as replied above.
4. No. as per will they cannot claim.
5. No.
