Will of property
Querist :
Anonymous
(Querist) 25 May 2018
This query is : Resolved
Sir(s),
My father had a self acquired property. He died on 2009. We are 4 siblings(2 brothers+2sisters). My mother died on 2016 and brother died on 2018. My brother has made a Registered WILL in favor of his brother(myself). He has completely disowned his wife and son. His wife was living separately for more than 8 years but not divorced. My brother was paying monthly maintenance to her. Kindly guide me on following issues:-
1. Can he make a WILL?
2. Is the property inherited by him after the death of father is ancestral or self acquired?
3.Do his wife and son have any right on property?
4. Is the WILL is strong enough for a civil suit?
Ms.Usha Kapoor
(Expert) 26 May 2018
Your father's self acquired property was taken by your elder brother and out of that he made a will in your favor. So once he made a will of self acquired property the willed property in your favor has all the trappings of a self acquired property. You will become absolute owner. Your brother's long separated wife and son have no rights in your pro0perty.
Guest
(Expert) 26 May 2018
Very vaguely described query without the most essential facts of the case. Your query seems to be purely of an academic interest, not a real problem, but still half prepared.
Even if it is a real life case, what about the share of your other siblings in the property. Leaving aside the question of wife and son of your brother, how your brother could get the sole right to prepare a will without consideration of shares of all other siblings, most importantly of your mother after the death of your father?
Querist :
Anonymous
(Querist) 26 May 2018
Mr Dhingra Sir, sorry for my unclear and vague query. Actually I am asking about the property inherited by my brother after the death of my father only and he has made the WILL of that property only. All the siblings have got their share in the property. I have just deposited the death certificates of my mother and brother. I am not concerned about any other's share. My only queries are
1 .Whether the property acquired by my brother after the death of my father is "ancestral" or "self acquired" as definition of ancestral property is quite confusing.
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007) Supreme Court of India ruling].
But if we consider, Hindu Coparcenary is "the three generation next to the holder in unbroken male descent".
Does it mean that property acquired by my brother is "self acquired"??
2. Son of my brother is a minor(10 years old). What will be his rights?
Kindly enlighten me and clear my doubts?
P. Venu
(Expert) 26 May 2018
The facts posted suggests deeper issues. Please post the complete facts.
Guest
(Expert) 26 May 2018
When you have intended to discuss the issue with specific reference to the specific case law that itself denotes your problem to be an academic problem, not a real one. Otherwise, you should have no doubt about the case of will made for the inherited share of property of your brother. You have tried to create more vagueness and complication in your own problem by asking question on ancestral property. On one hand you have stated about the property to be the self acquired property by your father, whereas on the other you have tried to unduly create contradiction by saying that to be an ancestral property.
Better you make yourself sure, what exactly is your problem.
