Conditional inheritance

Querist : Anonymous (Querist) 09 October 2023 This query is : Resolved
My father passed away few days ago and I have an elder brother
My father has apparently done a will saying that I will get half a share of his self acquired property only if my wife and my children cannot claim a share or get a share
My father did not like behaviour of my wife
How can this constional will be fulfilled
does this need a notarized document saying that I will not give them any share
pls throw some light

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Quick Summary

Following your father's recent passing, you're seeking clarity on a conditional inheritance outlined in his will. The will states you receive half a share of his self-acquired property only if your wife and children do not claim or receive a share. You're unsure how to fulfil this condition and if a notarised document is required. Legal advice suggests the condition is enforceable, and you might consider creating a similar will yourself to demonstrate intent, though the original will only takes effect after your lifetime.

kavksatyanarayana (Expert) 09 October 2023
You can execute a Will bequeathing the properties to any charitable trust after your life. You can add a sentence that you are not willing to give anything to family members.

T. Kalaiselvan, Advocate (Expert) 10 October 2023
The condition of Will o course is enforceable.
Now there is no problem for you to acquire the bequeathed share of property, if somebody is asking you to fulfill the condition, you can give an undertaking to do so, and in turn you also create a similar Will to prove that you fulfilled by the conditions. This Will shall be enforced only after your life time hence for now you can simply enjoy your share in the property

P. Venu (Expert) 31 October 2023
What do you mean by "My father has apparently done a will..........."?

Who is in possession of the Will?

If you do not have any first hand knowledge of the Will, it could be ignored and you can claim your share based on the extant norms governing inheritance.

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