Applicable effects of the "will"
Querist :
Anonymous
(Querist) 08 August 2011
This query is : Resolved
My mother had purchased lease-hold rights for 999 years of a Society's comlete bunglow plot in 1969 by a registerd lease-deed in 1969 itself as Member and the "lessee".
In 1995 mother made certain "Will" of this complete bunglow plot and got it registerd.
In 2003 mother surrenderd her lease-hold rights of this complete plot along with membership of the said society by a registerd surrender-deed.(COPY OF DETAIL CLAUSES is ATTACHED)
In 2003 this same complete plot was given on fresh registerd lease-deed again of 999 years to my father as "The Member" and my mother as "The Co-Member" togather as the "Lessee"
1) Is mother's 1995 "Will" applicable today,for the combined fresh lease-deed of 2003.? OR,Is the "Will" of 1995 deemed to be extinguished ?
My mother expired in 2004 without making a fresh "Will" for half share as Co-Memember in the said plot.
2) Can my father make his "Will" for the complete plot without making a fresh registerd lease-deed of the complete plot on his sole name.?
3) What about my mother's right of fresh "Will" for half share as Co-member?
May I please request the experts to let me have the answers for each of 1) 2) and 3) Seperately.....Thank you very much.
R.Ramachandran
(Expert) 08 August 2011
It will largely depend upon what the contents of the WILL are. If she had said in her WILL that she is the absolute owner of the entire plot, then the WILL has no value since she had already surrendered her plot and nothing was left to be bequeathed through the said WILL.
Your father cannot make a WILL for the entire property, since he is owner only in 50% of the property.
The 50% share left by your mother would be treated as intestate property and all her legal heirs (husband, son(s) and daughter(s)) would be entitled to equal share in the same.
Since your mother has already died, your question (3) does not at all arise.
adv. rajeev ( rajoo )
(Expert) 08 August 2011
When your grndmother has surrendered the leasehold rights then she will have no rights over the property to execute the will. The executed will have no validity.
In respect of your father, he is the only got lease hold rights of the plot not for the buidling.
Querist :
Anonymous
(Querist) 08 August 2011
My father has made "Will" for entire property whereas he owns only half.
Do he need to make a fresh "Will" for his half share of the property?
Does father's "Will" of entire property treated as null and void?
R.Ramachandran
(Expert) 08 August 2011
Technically the answer is "YES" and "NO".
Yes - to say that what is meant by "entirely". The term entirely refers only to his share and does not cover those portions which are not his share.
NO - one can say that "entire property" means the entire property and not one's entire share alone. Therefore the testator is not in sound mind and he is not clear what he wants to bequeath. Therefore, the WILL is not reliable.
Therefore, it would be adviseable (especially since your father is fortunately still alive) to get the WILL properly drafted to reflect the real position.
Querist :
Anonymous
(Querist) 08 August 2011
Entire Plot in question is 600 sq.meters and Father has made will for entire 600 sq.meters which he firm and insist that,he is rightful owner of entire plot as he is husband by relation ,so he is entitled to own his wife's share also.He refuse to listen anybody on this issue.
Is what he thinks ,is legal.?
R.Ramachandran
(Expert) 08 August 2011
In that case, the WILL is defective. Therefore, you have to get a fresh WILL from your father. It will be not 300 sq.mts. It will be 300 sq.mts. + his share in your mother's property as a legal heir.
R.Ramachandran
(Expert) 08 August 2011
You please indicate what is your family composition - father, you and ...
Advocate Rajkumarlaxman
(Expert) 08 August 2011
sINCE your mother died and father is alive the property devolves again back to father he can make a fresh will also.
Querist :
Anonymous
(Querist) 08 August 2011
This is to indicate that now our family is father + myself + my married younger sister as remaining only legal heirs.
prabhakar singh
(Expert) 08 August 2011
your mothers 1/2 gets devolved upon your father,you and your sister equally making your fathers share 1/2 plus1/6=2/3 of which he is entitled to make a will.How ever i am of the view that one should recite "My all share/or/All that i own"instead of a calculated share.
your father has,thus 2/3,you 1/6,and your sister also has1/6 and that makes it 1=600 sqm/ft.
(your father400,you100,your sister 100=600)
Chanchal Nag Chowdhury
(Expert) 08 August 2011
It is only your father who can make the Will in respect of the property.
