My father wrote his entire self-acquired property only to my youngest brother. The Will is registered and also my father has died. However, he has two other sons. Meanwhile, the above referred youngest brother wrote the entire property to his two elder brothers equally by relinquishing his rights on a 10 Rupees non-judicial stamp paper which was not registered or notarized. However, he is refusing to execute it.
I came to know that there is a supreme court judgement that even self acquired property cannot be written on a single person.
I have the following questions
1. Is it possible to fight this case and win 2. If you know any similar cases, can you please provide some reference to it. 3. Also, please quote Supreme court Judgement reference number.
KAMARAJ BHARATHY G
(Expert) 11 July 2017
1. No one can question against the disposal of self acquired property 2. Since beneficiary of Will become absolute owner of the property immediately after the death of the testator. 3. Here the beneficiary/brother is sole owner of the property. Hence, he can settle his property either settle the property by way of gift or family partition. But, in the instant case, the beneficiary has relinquished his property. Generally, relinquishment will be made by one among the joint owners only.