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Kalyan (CFO)     13 October 2011

Inheritance of property through will

My Grandfather distributed his properties (acquired from his own earnings) to his children including my father through a Trust Deed. My father while preparing his Will did not give anything to me because he felt that I have done well for myself. Instead he has decided to leave all his properties(including properties that he acquired from his father ) to his other children. We are from West Bengal and come under Dayabhaga law.I was under the impression that my father can distribute his properties acquired from his own earnings to whoever he pleases and the property that he acquired from his father (ie. my grandfather) would devolve on all his children equally. Can somebody , clarify exactly the position of law in this regard.

To be very honest I am not interested about this Will. The only reason I want to know is that because I have been supporting him with monthly contribution and whenever he requires money (including medical treatment whenever he has been to hospital), whereas my other brothers do not give a dime. I want them to contribute also as it is only fair. However, one of them have refused to contribute, although my father had proposed to leave the maximum of his property.



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 5 Replies

parag (trader)     17 October 2011

 

My grandfather has made a will in favor of my father mentioning that the flat be transferred to his name after his death, the will also mentions that whatever to be given to his other children has been give, the will is registered also so can the daughters harrase my father after my grandfathers death.

They have also submitted the nomination in the society in the names of my Father, Mother & my elder brother, so will they 3 be jointly owner of the flat after my grandfathers death or only my father will be the owner?

Please reply fast as i am worried for my Father

Advocate Vishnu (Advocate)     18 October 2011

If the property had been bought by your grandfather out of his own earning ( SELF acquired) , as per your query your father can acquire the property without any encumberances, if not , then all the siblings of your grandfather will have right to that property. 


Secondly the property will devolve only to your father and your mother and elder brother cannot become owners.

Advocate Vishnu (Advocate)     18 October 2011

Reply to Kalyan's query.

Your father can write a WILL only to the extent of the property bought on his own earning and not those that were inherited from your grandfather. Secondly , the WILL will come into force only after the death of the testator and not before that. So you can still convince your father to give you some property to meed his medical needs

Kalyan (CFO)     18 October 2011

Dear Vish,

You are confirming my stand. Actually , I am not interested in the property.My concern is that my brother who will be receiving the maximum from the will refuses to contribute anything for my father's welfare. Thus, I feel it is fair that he should contribute.Earlier, I did not bother as he was not doing well financially but now he is doing quite well. 

Advocate Vishnu (Advocate)     18 October 2011

Dear Kalyan,

The only option in your case is to convince your father [ Execute a new WILL , favouring you ] to take care  of his  increasing medical expenses.A person can execute any number of WILL's during his life time and the last one executed just before his death will be binding in a court of law.


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