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Ajeet (Student)     02 September 2011

Daughter's right in her father property and 'will'

Up to when a daughter was not entitle to be owner of her father's property in India without any  'will' . And how a 'non-registered will' to name of any relative may said to be legal?D



Learning

 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 September 2011

You post your same query with moe clerity. It is becoming difficult to understand what you wan to say.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     02 September 2011

Daughter is entitled to get equal share in her parents property unless debarred by will. Registered WILL IS MORE VALUABLE THAN non -registered but you can probate on both the will's. it is matter of trial. but you can challenge the will undoubtedly. you can file civil suit for Injunction and probate.

REGARDS

RAJIV BHASIN

(ADVOCATE)

MANAGING PARTNER

BHASIN & ASSOCIATES

98112105,

9868635640

Ajeet (Student)     03 September 2011

 

Thanks both of you for replies. In a case problem, ‘A’ died as intestate and ‘B’ is an heir entitled to inherit A’s property after A’s death. The concerned immovable property came under control of ‘B’ and B continues to control over it. But during land consolidation process, B found that this property has come to the name of ‘C’ who is son of A’s daughter ‘D’ (who died before 1960s). Now, C is said to be entitled to this property on the basis of A’s will (non-registered and written in 1960). If ‘B’ files suit challenging the will now, what is possibility in favour of B (who said A wrote no will)? Property is still under control of B. 

shamanaaz (intern)     07 January 2013

A(father)divided his immovable property among 3 sons and 3 daughters through a registered will but he did not mention the name of his 4th daughter in the will & he did not gave any share to his 4th daughter , he did not even gave the reason for doing so.NOW A(father) has died , WHETHER THE 4TH DAUGHTER CAN CHALLENGE THE WILL IN THE COURT.

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