(Guest)

Daughters right in NEW Property , If Old property's WILL showing clear intention of no shares of Daughter, Please Clarify !

Father dies in 2001, INTESTATE without a will for the current property. He had another property which he divided in 2 of his sons and clearly mentioned in that will "I have done all rituals and deeds for my daughters and they or their children don't have any share in the property". That property was sold my father with consent of his sons for some reason and he bought new in his own name.
Now, both sons are living on the new property since 18 years after fathers death.
They want to change the registry in their name.
1) Can the daughters claim partition of it now ?
2) Can the sons get the registry/mutation changed in their name ?
3) Do they need to get signatures of their sisters ?
4) Will the last will Intention of the dead father play any role in it ?????

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3 Replies

Real Soul.... (LEGAL) 19 September 2019

Repeated query

(Guest)

No, The old will fact is from a different query. That was a different query. In this case property has an old property will.

Real Soul.... (LEGAL) 19 September 2019

Old query;;;;

Father wrote will of one property dividing in 2 half among two of his sons and clearly mentioning that my daughter's are married now and have no claim in property. That property due to some reasons was sold by consent of two willed sons of his and bought new registered by father in his own name. Father died in 1997 , leaving no will as such for the new property.

Now, 1) Can the daughters claim share in this property after 21 years ?

2) Would the last will intention clearly mentioning my daughters cannot claim anything in property a valid intention?

3) Do the daughters need to be informed in this case to get their sign done for formalities to change the registry in the two son's name , or can the son's directly approach registry's office ??

SAME REPLY ;

If the will was specifically for the previous property and the detail of poperty is mentioned in the will then you cannot claim that to be effective for other property.

IF the specification and deatil of property is not mentioned and instead only the words my property is mentioned then you can use that for any property; Need to check the will deed

However the if the will mentions that daughters won't have any share in any any of the properties for the reason being married may bar them from claiming their share,YOU MAY USE THAT PART OF WILL FOR ANY FUTURE PROPERTY.

Depends on interpretation;

If the newly purchased p