Dear friends,
I would like to share some questions for your open discussions.
Following the travancore-cochin christian succession act 1916. A will was made by a testator in early 1990's. The contents of the will are
All the major share of the property were divided among their male legal heirs ( 2 sons) and the 2 female counterparts were entitled to get Rs 10,000/- each. The will does not show the gender equality. and the same needs to be challenged before the court of law.
The second part of the will is that. The will demands & directs the male legal heirs( sons) to give a sum of Rs 10,000/- to their female counterparts and receive the signed receipt of the transfer of the amount. within a time period of 2 years from the date on which the will is effective. The male heirs failed to do so and the same was not done till date. My question is whether the will can be made void on these grounds. since a time period was mentioned in the will and the said time period was over without answering the demands in the will by their male legal heirs. It iswritten in the will that The male legal heirs can inherit the property only after settling the due amount of their female counterparts. and testator has not mentioned anything about what should be done , if the same direction is not met
so The two question arises here is
1. The will is discriminatory , not showing gender equality for the ancestral property.
2. whether the will comes under contingency/conditional will, if so whether it can challenged for making the will invalid??
3. Whether we can demand a compensation other than simple bank interest for that amount?. Since the testator has not mentioned anything in the will about the situation in which the male legal heirs failed to give the amount within the time period.
please share your suggestions and advice.
