If father makes will and gives property to some other man then is his son can not inherit property?
robin
(Querist) 09 April 2013
This query is : Resolved
if father makes a will and gives his property to some other person then is his son can not inherit any property according to HINDU property act?
SO does his son shall not get any property?
if such thing happens then son can be thrown out of the house after father's demise.
I am very eager to know that does such thing can happen ????
so according to HINDU PROPERTY ACT is the son does not have any right in father's property if father makes a WILL and gives property to other?
I am eager to know the answer.
Anirudh
(Expert) 09 April 2013
First let me answer your queries.
1. The father after writing a will can certainly dispose of his self acquired property in which ever way that he wants it. If he gives the said property to somebody else then he can do it. Only if there is any property lying in the name of the father after his death, then the WILL written by him will come into effect. Otherwise not.
2. Just because a person has written a WILL does not mean that he cannot dispose of the property. He can legally dispose of the property. Nobody can object to the same.
What I am going to say may not be liked by you. But that is the fact of life.Please note certain things.
There is no law that a father should create property and give it to his son/daughter. Therefore, if the father does not leave any property, the son or daughter cannot complain.
It is for the son/daughter to get their own shelter. Therefore if the father gives away the property to somebody, naturally the son/daughter will be thrown out in the streets. Still the son/daughter cannot complain. Just because the son/daughter will be in the streets, the father cannot be stopped from disposing his property.
robin
(Querist) 09 April 2013
TO MR.ANIRUDDH,
THAT IS NOT FAIR. THAT IS NOT A GOOD LAW .
SON/DAUGHTER SHOULD HAVE PROPERTY RIGHT.
Adv k . mahesh
(Expert) 09 April 2013
agree with mr.anirudh
will means to whom the name is mentioned it goes to him
Guest
(Expert) 09 April 2013
OK, if that is not a good law, just think over the situation, what would you like to do, if you feel that in your old age your own son neglects you or don't take care at the time of your need? Would you be willing to allow your son to easily get your hard earned property after you?
It is a matter of affection. Old people normally need mere affection and tender care in their old age, nothing else and in lieu thereof they leave everything for their nears & dears to enjoy. A father does not think to make a will, if he feel that everything will be ok even after his death.
robin
(Querist) 09 April 2013
TO MR DHINGRA,
BUT THERE IS A HUGE CHANCE OF MAKING FORGED WILL.
AFTER A PERSON'S DEATH IT IS VERY IMPOSSIBLE TO KNOW WHETHER A PERSON HAD ACTUALLY MADE A WILL OR NOT.
THERE IS A BIG CHANCE OF FORGERY.
IF THE LAW IS SUCH THAT SON/DAUGHTER SHALL GET THE PROPERTY THEN THERE SHALL BE NO complicacy.
AND ALSO SON/DAUGHTER SHOULD GET PARENT'S PROPERTY. AND ALSO SON AND DAUGHTER SHOULD HAVE EQUAL RIGHT IN PROPERTY.
IF SON/DAUGHTER ARE THROWN AWAY THEN WHERE THEY WILL GO ? IT WILL BE NIGHTMARE FOR THEM. IF HE HAS NO MONEY WHAT WILL HE EAT? HE WILL DIE.
SUPPOSE SON IS MARRIED. THEN WHERE HE WILL GO WITH HIS WIFE IF THERE IS NO HOUSE?
NOW INDIA IS UNABLE TO PROVIDE WOMEN'S SECURITY.SO IN THIS CONDITION IF A MARRIED SON IS THROWN AWAY FROM HIS RESIDENCE THEN WHERE HE WILL GO WITH HIS WIFE? HOW HE WILL GIVE SECURITY TO HIS WIFE?
IF A UNMARRIED DAUGHTER IS THROWN AWAY FROM HER PARENT'S HOUSE THEN WHERE SHE WILL GO? INDIA IS UNABLE TO PROVIDE WOMEN'S SECURITY IN RECENT TIMES.
SO IT WILL BE A NIGHTMARE FOR THEM IF MARRIED SONS AND UNMARRIED DAUGHTERS ARE THROWN OUT FROM PARENT'S HOUSE.
EVEN IF A SON WHO IS UNMARRIED AND UNEMPLOYED IT WILL BE NIGHTMARE FOR HIM. WHERE WILL HE GO???
Guest
(Expert) 09 April 2013
Mr. Robin,
Forgery cannot be ruled out in any case. Forgery cannot be ruled out even on the part of any son, daughter or any other relation. But in any case that has to be proved, if some one has the evidence.
About your stress on "son/daughter SHOULD GET" or ""SHOULD HAVE EQUAL RIGHT," with what ethical right he/she should get unless he/she takes care of the old parents, like they had taken care of the sons/daughters in their childhood? Father's property is his own property, he has the aweet will to dispose of in any way, like you can dispose of your own belongings as per your sweet will, not on instructions from anyone else. If some parent does not want his/her son/daughter should enjoy their property without any ethical reason he/she can dispose of as their own wishes.
Raj Kumar Makkad
(Expert) 09 April 2013
Nothing to add after going through the best advice advanced to you.
robin
(Querist) 09 April 2013
TO MR DHINGRA,
RESPECTED SIR
MY ANOTHER QUESTION IS THAT IF FATHER INHERITS PROPERTY FROM HIS ancestors STILL HE CAN GIVE THE PROPERTY TO OTHERS ?
CAN STILL SON/DAUGHTER WILL BE DEPRIVED OF GETTING THE PROPERTY?
robin
(Querist) 09 April 2013
TO MR RAJ KUMAR MAKKAD,
ACTUALLY I SAW IN INTERNET THAT ONLY LEGAL HEIRS GET PROPERTY. AND SOME PERSONS ARE SAYING THAT ANYONE CAN GET IT.
THAT'S WHY I AM ASKING THE QUESTION.
Anirudh
(Expert) 09 April 2013
DEAR ROBIN,
THERE ARE SCORES OF PARENTS WHO DO NOT OWN ANY PROPERTY. WHAT THOSE CHILDREN DO IN THE ABSENCE OF ANY PROPERTY?
WHETHER IT IS GOOD LAW OR BAD LAW ACCORDING TO YOU DOES NOT MATTER. THE LAW AS IT IS AVAILABLE TODAY DOES NOT SUPPORT YOUR VIEWS.
INSTEAD OF TALKING ABOUT ANY OTHER ISSUE LIKE SAFETY OF WOMEN ETC., PLEASE STICK TO ONE ISSUE REGARDING THE PROPERTY DISPOSED OF BY YOUR FATHER, AFTER ORIGINALLY WRITING A WILL.
Anirudh
(Expert) 09 April 2013
Dear Robin,
Pl. understand. If your father had left the property without any WILL, then in that case the property can be inherited only by legal heirs.
BUT, IF YOUR FATHER, DURING HIS LIFE TIME, DISPOSES OF THE PROPERTY BY ANY WAY, SAY GIFT TO MANDIR, GIFT TO A STRANGER, GIFT TO A RELATIVE, GIFT TO CHARITY PURPOSES ETC., then the same cannot be inherited by the legal heirs. As simple as that.
robin
(Querist) 09 April 2013
TO MR. ANIRUDDH,
MY FATHER LOVES ME VERY MUCH.
BUT MY NEIGHBOURS ARE NOT GOOD.IF THEY SOMEHOW MANAGE TO TAKE A SIGNATURE OF MY FATHER THEY CAN EASILY GET MY FATHER'S PROPERTY BY FORGERY.
THAT'S WHY I HAVE AN HEADACHE.
IF ANY NEIGHBOUR HAS SOME BAD PLOY HOW TO PROVE IT?
PLEASE TELL.
is unregistered WIILL VALID?
IF SO THEN IT WILL BE VERY RISKY. IF SOMEONE MANAGES TO TAKE A SIGNATURE BY FORGERY THEN IT will be real problem.
UNREGISTERED WILL SHOULD NOT BE VALID.
Guest
(Expert) 09 April 2013
Mr. Robin,
Your last post with sentence "IF THEY SOMEHOW MANAGE TO TAKE A SIGNATURE OF MY FATHER THEY CAN EASILY GET MY FATHER'S PROPERTY BY FORGERY", as addressed to Shri Anirudh, clearly points out that you have posted your query merely on presumption basis, while you don't have any such problem right now, where your father would have made a will in favour of your neighbour.
Please don't try to waste time of experts merely on your suppositions and presumptions.
If your father loves you very much, as you stated, he should not be taken as so mindless person, who would be easily misled by your neighbour against you. So, either you are misleading the experts that your father loves you very much just to conceal the fact of neglect of your father by virtue of which you are afraid of the likelihood of your father making a will in the name of someone else, or you have thrown a fabricated story of your neighbour to be not good.
Please state full facts, if you have any such problem in reality. Otherwise, don't try to stretch the thread too far in a bid to befool the experts here. Free advice does not mean anyone should start wasting time of members in anyway he likes just for his fun and to tell fabricated stories. You may better send your suggestion to the Ministry of Law for amendment of law, if you feel the law is not good. Please be aware, any law is not made to serve the interest of a single person, it has the social value to cater the need of masses.
Raj Kumar Makkad
(Expert) 09 April 2013
If your father is having ancestral property then it shall definitely pass on to the next generation and your father cannot make will or dispose off it in any manner except his own share therein.
Guest
(Expert) 09 April 2013
Mr. Robin,
By the way, what is your concept about ancestral property, in whose (forefather) name property is registered and how many generations back the property is being inherited and last came to your father?
robin
(Querist) 09 April 2013
to MR . DHINGRA,
SIR,
IF ANYONE DOES SUCH FORGERY HOW I WILL PROVE THAT?
robin
(Querist) 09 April 2013
to MR . DHINGRA,
SIR
IT IS 4 GENERATION.
MY GRANDFATHER'S GRANDFATHER BUILD THE HOUSE.
Guest
(Expert) 09 April 2013
When you come across such forgery only then you can ask such question. Your hypothetical query needs no answer now. When anyone does forgery, you should simply hire services of a capable lawyer to save your interests after hearing from you the actual evidence of forgery, which evidently you don't have now.
Raj Kumar Makkad
(Expert) 09 April 2013
Forgery is not a mere concept but it is a fact which is very easy to prove if the same exists. The documents of the property are the best evidence in this regard.
robin
(Querist) 09 April 2013
TO MR. RAJKUMAR SIR,
NOW THE PROPERTY IS MUTATED IN MY FATHER'S NAME.
WE ARE STAYING HERE FROM 4 GENERATION.
MY GRANDFATHER'S GRANDFATHER BUILD THE HOUSE.
robin
(Querist) 09 April 2013
MY FATHER IS GOOD. HE LOVES ME VERY MUCH.
I ONLY AFRAID OF NEIGHBOURS AND PROMOTERS.
I AM ALSO JOBLESS NOW. I AM NOT DOING ANY JOB. SO I AM VERY MUCH AFRAID. I AM UNEMPLOYED NOW A DAYS.
ALL THE pessimistic THOUGHTS ARE COMING IN MY MIND.
Raj Kumar Makkad
(Expert) 09 April 2013
You should not be passimistic rather should think positive. Nothing wrong is goin to happen with you. You shall get good job within days to come.
Sudhir Kumar, Advocate
(Expert) 10 April 2013
a very long series of interrogation of experts has been undertaken by you. Now it is time for you to meet nearest available lawyer and get his paid advise.
prabhakar singh
(Expert) 10 April 2013
Robbin !
There is 'no property Act'
And should not you be owner of your wealth is a question worth to be asked to yourself?
Be positive,do not think negative way.
There is a law of attraction of thoughts around us by which we unnecessary invite even remotest possible things to happen.
A man can be one of the greatest enemy of his own once he starts thinking negative.
