A person( Call "A" ... an Indian, Married Hindu Brahmin ) who is made a will to divide his property in 2013. He mentioned in this Will that he got this property on family partition between he and his father in 2012( Through Regd deed) and will come to force in case if he dies.
Narration of this Will is :
1. He took some money( with out any proof from his brother in law) and this brother in law will live in that partitioned portion for Rent free upto 2015.
"A" died due to Diabetic in 2014. Brother In Law didn't claim any thing from "A" 's family.
2. "A" mentioned in this Will that "This Will come into force incase if dies otherwise he can take back from Brother in Law and enjoy on his own."
3. As per the Will Some of the portion of his property will goes to his three sisters( 50% to all together) and in remaining 50%.... (a)30% to his wife and his wife cannot have any authority to sell or mortgage or any other transactions on this but can enjoy only. After her this property will again go to his adopted son only. (b) 10% to his adopted son and (c) 10% to his legitimate daughter. This daughter got so much of property previously also from father. Except these three no other dependents on him.
This Will came into light just now( in 2024). None of the others known about this. Some person sent through Regd post from the place where "A" died.
This Will was signed by two persons for evidence. He was not insane and in sound mind while executing this Will.
But the question is Can a person execute any will with this type of conditions? Is this valid? Chances to challenge by legitimate daughter? .
Req you to Pl. clarify.
Regards
