My father in law own property 4096 Sqft.of land and building. He have 5 sons and 1 daughter. A will was registered by him in chennai. In the will he Stated that my husband first son has contributed considerably with his men and material in the completion of my residential house as showin in of schedule "B" of Properties, further he himself has raised the portion in the first floor out of his own rescources, as in "A" schedule-1 of immovable properties. Similarly he raised commercial complex also as indicated in Schedule "C" properties, his contribution with men and material is greater than mine. In these circumstances, I owe him and his legal heirs, a moral gratitude and hence I will him a speical share in my immovable properties.
2] My eldest son with his wife shall take the property morefully described in the "A" schedule after the marriage of their daughters absolutely with all rights of alienation.
3] Any development in the first floor shall go absolutely to my first son. If the sharers agree they can construct additional floors on mutual consent.
4] The property morefully described in the "B" schedule shall be taken over by my second, third, fourth and fifth sons equally among themselves by mutual consent absolutely with all rights of alienation after the life time of my wife and sister in law. The vacant space in the plot will be taken over and utilized among my five sons themselves by mutal consent. All the five shares of the property will have appropriate undivided share of the land.
5] My wife and sister in law shall take the property morefully described in the "C" schedule absolutely with all rights of alientation together with residential house described in the Schedule "B" After their life time all the five sons and duaghter inherit the property in equal shares.
6] In the event of the properties given under the "WILL" is sold the priority in sale shall be given to the members of family. In the event of my legal heirs not willing to buy the same on the market value as on the date of such proposal they can sell the same to third parties.
List of immovable properties.
Schedule "A"
The first floor built up area of about 800 sqft and vacant space over the residential house in... area, the plot area being 4096 sqft of built up aread of 1200 sqft. In the first floor over the ground floor of the above mentioned residential house over the schedule "B" hereunder togerther with the appropriate undivided share of land.
Schedule "B"
The ground floor of the residential house of built up area of about 1200 sqft. in... area, the plot area being 4096 sqft together with the appropriate undivided share of land.
The stair case, the portico and other common areas shall be common to the sharers of the respective properties.
Schedule "C"
The ground and first floors of the commercial complex of builtup aread of 1872 sqft ( in both the floors) by the easter side of the above mentioned residential house with an area of about 3 feet in between the residential house and Commercial Compex abutting the 48 feet road on the eastern side of the above mentioned plot.
Question No.1 - Where the Will registered on 12.8.2007 in Chennai has to probate in Chennai City? Probate is must or not or else the will be cancelled? At present now it can be probated by any one of the sharers.
Question No.2- What is the share of land (in sqft) belong to Schedule "A" in 1031 Sqft.? Since, he mentioned that he will him as a special Share.
Question No.3- What is the share of land (in sqft) belong to Schedule "B" in 1031 Sqft. ?
Question No.4- The first son ie. Schedule "A" is one of the sharere of Schedule "B" .? What is sqft. in belong to Schedule "B" sharer.
Question No.5- What is the sqft land for 5 sons and 1 daughter for the Common Area. since in the will it has pointed out that the stair case, the portico and other common areas shall be common to the sharers of the respecitve properties.
Question No.6- What is the sqft land for vacant land 472 Sqft. for 5 sons . since in the will that the vacant space in the plot will be taken over and utilized among my five sons themselves by mutual consent. All the five shares of the property will have appropriate undivided share of the land.
Question No.7- What is the share of land for "A" Schedule sharer? Since other made objection to give share of land in "B" Schedule for him ie. first son. ("A" Schedule)
Since In para No.4 my father in law mentioned that the property morefully described in the "B" schedule shall be taken over by my second, third, fourth and fifth sons equally among themselves by mutual consent absolutely with all rights of alienation after the life time of my wife and sister in law. The vacant space in the plot will be taken over and utilized among my five sons themselves by mutal consent. All the five shares of the property will have appropriate undivided share of the land.
In para No.5 he has mentioned that his wife and sister in law shall take the property morefully described in the "C" schedule absolutely with all rights of alientation together with residential house described in the Schedule "B" After their life time all the five sons and duaghter inherit the property in equal shares.
Schedule “A” ( First floor) - 1031 sqft.
Schedule “B” (Ground floor) - 1031 sqft. in 4096 Sqft
Schedule “C” (Commercial Area) - 936 sqft.
Common Area - 1657 sqft.
Vacant land - 472 sqft.
