Condition on inheritance to property
Aseason
(Querist) 21 December 2012
This query is : Resolved
The father has left a will stating the daughter will get the inheritance to the property only if she marries to the guy the father has named in the will. This guys has misbehaved with this girl multiple times, insisting that she marry him and she is not willing to marry this guy. Just before the father died, this guy had attempted to commit suicide and then filed a FALSE case against the girl stating she was responsible for driving him to commit suicide.
Can the girl refuse to marry this guy and still inherit the property, because according to the will if she does not marry this guy she and her sister will be thrown out of the house and all the property will be distributed among their uncles and aunts, as their mother had also passed away in their early childhood ?
Please advise. Also of where I can find material on supporting the fact that the Girl can REFUSE TO MARRY THIS GUY and Still claim rights to the property.
Both the daughters are now orphaned and if she refuses to marry that guy, they will be on the roads, as the relatives are waiting to snatch away the property.
So please advise a right course of action.
Advocate M.Bhadra
(Expert) 21 December 2012
This is not a valid WILL which is related to the condition of marriage,without granting of WILL by the Court through a Probate case is not valid,so need not file a probate case.The said boy can not claim the property right,the said two girls are legal heirs of the deceased.
Raj Kumar Makkad
(Expert) 21 December 2012
A will is valid only if it contains a valid condition. law of land do not permit to force a person to marry to a particular person. The condition imposed in the will is illegal and void ab initio hence the will has no value in the eyes of law.
Now if the will is not taken into consideration then the turn comes for the inheritance by way of succession. Both daughters have equal share in the property. The uncles or aunts or any other person has no right in that property.
Such daughters if fee any danger towards their property on that aspect, should immediately enter into court and should make an application seeking appointment of Court guardian and should ensure their property intact.
Aseason
(Querist) 21 December 2012
Thank you Raj Kumar Makkad ji.
Appreciate your help and advise.
Aseason
(Querist) 21 December 2012
Thank you Minansu Bhadra.
Appreciate your help.
Aseason
(Querist) 21 December 2012
Makkad Sir can you suggest a Genuinue and honest lawyer in Delhi for this case, as earlier we have been misled in this case. No one told us that this is a invalid condition and invalid will.
R.K Nanda
(Expert) 21 December 2012
will is illegal and invalid and both of you have share in the property of ur father.
Aseason
(Querist) 21 December 2012
Thank you R.K.Nanda ji.
R.K Nanda
(Expert) 21 December 2012
u r welcome.
Raj Kumar Makkad
(Expert) 21 December 2012
You can contact Mr. Devender Saini Advocate, Delhi High Court having contact no. 09311070910 in this regard as desired.
Aseason
(Querist) 22 December 2012
Thank you for you help. Request you to please suggest the next steps to ensure Justice is done to these girls and they dont have to suffer because of this guys attrocious behaviour and her greedy relatives.
Also if you could, give me some specific informtion on cases or laws, so i can research furter on them online as I am a LAYMAN.. with no knowledge of law. This will help us, when we are dealing with the lawyer. A lawyer had earlier misled us in this case. Now i understand that this will itself is invalid due to a condition forcing the girl to marry againt her wish.
Thank you.
Raj Kumar Makkad
(Expert) 29 December 2012
You have now to contact the lawyer as advised and follow his direction. Double channel is not always good.
