Will
sajith p
(Querist) 27 August 2014
This query is : Resolved
Respected Sir,
i have a query related to a will made by my mother in law's father, he earned one house 1 acre land, and got an another house and 2 acre land through his wife[partition].
He has 5 daughters, among that one is living the house which he has got through his wife.
later he made will, accordingly his 2 daughters will get his earned 1 acre land and house, and put a condition that they will not have right in his wife's through earned property, and that is for his res three children,
Recently the testator[my mother in law's father]passed away,now the issue is the daughters who have got testator's earned property is claiming the rest of the land,as it is belongs to their mothers...
I-In this what is the legal provisions for the three daughters?
II-Can the testater's wife can institute a another will?
Thanking You....meanwhile.
Sudhir Kumar, Advocate
(Expert) 28 August 2014
one property given to 2/5 successors. that is their exclusive but they cannot be deprived of their remaining share.
Dr J C Vashista
(Expert) 28 August 2014
Show the document to local lawyer for proper opinion and advise.
P. Venu
(Expert) 28 August 2014
The answer depends on the testators title to the property in dispute.
malipeddi jaggarao
(Expert) 28 August 2014
How can your father include a restriction clause about the claim of his daughters in their mother's property? As property is inherited by your mother from her father, your father has no role at all.
ajay sethi
(Expert) 28 August 2014
it is necessary to go through the will to advice
Rajendra K Goyal
(Expert) 28 August 2014
Complete document need to be referred, consult a local lawyer.
T. Kalaiselvan, Advocate 
(Expert) 31 August 2014
Please confirm whether the Will was made under Muslim law or general Will.
As per Muslim law, a testator of a Will cannot make a bequest exceeding one third of his estate after payment of funeral expenses and debts, and also a Mahomedan cannot make a bequest to his heirs without their consent to such legacy exceeding legal third so as to bind their respective interest in property, is due to the reason that the limit of testamentary capacity exists solely for the benefit of the heirs who may not be totally deprived by such bequest and so the heirs may by their consent give up such right and if no such consent is obtained, the bequest becomes invalid.
So first confirm that whether the Will was executed under Muslim law ?
