(Guest)

Can we get mutated a property bought later on but not added in will as per last partition shares specified for all other properties in that will ?

A will made covering all present properties of the maker. The maker after selling one of those properties bought a new one but died before updating the details in the will.
So, as per the old will only 2 sons where given all the specifically named properties.
Now, can the 3rd child, a female daughter, claim the share in new property as not living on it or not concerned with it since 20 years since the death of will make. Only 2 sons are staying, so can they get the property mutated as the last will specifically debarred the daughter of the then named properties.
Please clarify, and also share the procedure.

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4 Replies

Arun 22 April 2020

whether the property is ancestral or self acquired? for the new property, all the 3 legal heirs having equal rights and it can be initiated by partition deed, for further clarification reach us @9841844223

(Guest)

The property is purchased from money selling ancestral property by the will writer who died before updating the new property details in the will. He clearly mentioned his intention to not give anything to he daughter that time as he has done all their rituals of marriage and are not living together anymore. So still the daughter can claim her share in new property? What about intention of will writer in his will ? wouldn't that be considered ?

SHIRISH PAWAR, 7738990900 (Advocate) 22 April 2020

Dear querist,

As per you its property purchased from selling ancestral propertyand its a new property therefore all children will have equal shares in the property.

Regards,

(Guest)

Sir, but what about the intention of the will writer, he specifically wanted to avoid giving anything to his daughter and clearly mentioned it in the will, so wouldn't it be against the owner himself and against his will to whome he wanted to give his all property when he was alive? and also, there is no other will also which could have changed his intention.