A Hindu person gets an immovable property through will executed by his father. The property was earned by his his father through his own means and nobody except himself was owner of that property.
The father died testate and that property devolved upon his son. After death of father, his son became the sole owner of that property.
Now that son is in old age condition and he wants to dipose of that property by executing a Will.as per Hindu Succession Act and Indian Succession Act.
Under Chapter III of Hindu Succession Act 1956 {Chapter III: TESTAMENTARY SUCCESSION} he can dispose of that property by making a last Will. Is it biding upon him or compulsory under any Indian and Hindu Law, that he should make all of his children as successor of that property which he received through Will of his father? There may be a son who might be neglecting his father and not taking care of him and there may be a son who is always helping his parents and looking after them. Reference: -
(Hon'bie Supreme Court said that a will can not be disputed merely because the testator has bequeathed his property to his son who took care of his father and not to two other sons who neglected him during his life.
Execution of a will by the father in favour of his son for taking care of him and his wife during their old age, excluding other sons or daughters on the ground that they had neglected him during his last days will not draw an inference of suspicion or invalidate the will, the Supreme Court has held that: -
Any person or ordinary prudence would have adopted the same course and would not have given anything to the ungrateful children from his share in the property,” it said.
Supreme Court of India
Mahesh Kumar (D) By Lrs. vs Vinod Kumar & Ors. on 13 March, 2012
Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 7587-7588 OF 2004
Mahesh Kumar (Dead) By L.Rs. ... Appellants versus
Vinod Kumar and others ... Respondents
J U D G M E N T)
Would that Will be legal where a father having Testamentary Property, does not want to become one son as successor of that property since he (the son) was and is always neglecting his father? But he would like to make his helping and assisting son as his successor for that property.
What are the provisions for Testamentary Succession relating to above topic under Hindu Succession Act and Indian Succession Act.?
