Daughters share in ancestral property as per father's will

Ravi khanna (Querist) 30 December 2015 This query is : Resolved
My father inherited his share alongwith his brothers from a commercial ancestral property in Delhi.Father made out a will bequeathing a monthly amount to daughters from the rent and subsequent increase in rent if the son so desired. Father died in 2001 Can daughters now demand arrears of their share of rent from 2001? The will is witnessed but not registered. Kindly enlighten. Thanks.

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Kumar Doab (Expert) 30 December 2015
It is not mandatory to register the WILL.

It is not mandatory to probate the WILL in Delhi.

Execute the WILL.

If it is contested the court will decide.

Consult an able counsel.

Ravi khanna (Querist) 31 December 2015
Thanks Mr.Kumar Doab for prompt reply but you have not mentioned anything about claim on arrears. Can it be claimed since 2001 or only last 3 years? Please let me have you opinion. Thanks.

P. Venu (Expert) 31 December 2015
What is the reason for the son to "desire" not to honour the bequeath?

Ravi khanna (Querist) 31 December 2015
Son's desire not to honour the will is wild imagination Mr.P.Venu. Son is willing to give them their fair share but the point is from when. Kindly enlighten. Thanks.

P. Venu (Expert) 31 December 2015
Tone and tenor of the information furnished by you suggests that it is not worthwhile to offer you any further suggestions.

A. A. JOSE (Expert) 31 December 2015
Yes, one has to honour the will unless one has challenged the Will in question in a Court of competent jurisdiction and has obtained any order against such payment to the daughters.

Ravi khanna (Querist) 31 December 2015
Mr.A.A.Jose Baroda thanks for your reply. My query is very simple - since the daughters have made the demand in 2015 what should be thd cut off date to calculate the arrears. Please opine. Thanks

Guest (Expert) 02 January 2016
yes the daughters can demand arrears rent from 2001.

in order to take probate of will it is necessary to obtain no objection certificate from all sons and daughters.

first take the probate of will and then sue for arrears along with will and the death certificate of your father.

A. A. JOSE (Expert) 03 January 2016
In the normal course, unless otherwise stipulated in the Will by the testator, the terms and & conditions of the Will will be effective from the date of his death. There is not question of any other cut of date if one is eager to honour the Will.

Ravi khanna (Querist) 03 January 2016
Thanks very much Mr.A.A.Jose Baroda. Your opinion clarified every point perfectly. Thanks.

Rajendra K Goyal (Expert) 05 January 2016
Daughter can claim as per will of her father.

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