will excluding daughters
anupam sharma
(Querist) 03 August 2010
This query is : Resolved
a man having 3 daughters and three sons had bequeathed his property, which he acquired on death of his father,to his wife with a clause in the will that after his wife's death the property would go only to the sons????
is the will valid??? Is Sec 30 HSA applicable??
is there any rmedy for teh daughters???
s.subramanian
(Expert) 03 August 2010
file a suit for partition in which the geniuneness of the will would also be taken into consideration. challenge the capacity of your father to make the will since the property is ancestral. you also challenge the will as not true and its execution is surrounded by suspicious circueamstances since all the daughters have been lefe out of the bequest which makes the bequest unnatural.
s.subramanian
(Expert) 03 August 2010
file a suit for partition in which the geniuneness of the will would also be taken into consideration. challenge the capacity of your father to make the will since the property is ancestral. you also challenge the will as not true and its execution is surrounded by suspicious circueamstances since all the daughters have been lefe out of the bequest which makes the bequest unnatural.
adv. rajeev ( rajoo )
(Expert) 03 August 2010
It is not a valid will, deceased had no right to bequeath the entire property by way of will, at most he had right to dispose his share only.
If daughters being a co-parcener as per amended hindu succession act they are entittle for the equal share in the property.
R.Ranganathan
(Expert) 03 August 2010
Respected Experts
First we have to ascertain whether father had acquired the property intestate or by what other means. If father got the property absolutely then he has the right to deal with it in any manner he likes. If and only if the father was enjoying it jointly with his children, then and then we can question the Will. Otherwise my opinion is that the Will is valid and perfect in the eyes of law.
Kindly clarify me if I am wrong.
