Will by father for inherited property
RANDHIR SINGH
(Querist) 10 December 2014
This query is : Resolved
We are a Hindu family residing in Haryana. Our father married three times and the third wife is alive at present. There are two children from 1st wife (Son & Daughter), three from 2nd wife (two sons + daughter) and four from 3rd (1 Son + 3 daughters). Our father transferred equal share of inherited land among 4 brothers and kept one share with him after a unwritten family agreement(as is the custom in Haryana). Share with father was left untouched with understanding that it will be shared among all brothers equally after father's death.
However, our father wrote a will in favor of present wife with out knowledge of children of previous wives, with the intention that present wife will transfer that share to her son. My father is a retired govt. teacher and draws pension of Rs.20000/- and his present wife in entitled to half of the pension after his death. My question is:
- Is the will legal and can it be challenged.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
From your query it appears that your father inherited his share of property by due partition thus it becomes his own property, in such an event he is at full liberty to dispose his property to any one of his choice at his own will and nobody can compel him an act favorable to him/her.
Rajendra K Goyal
(Expert) 11 December 2014
The distribution among sons is not registered, hence can be challenged by the daughters at any time.
How you say that the property was ancestral?
From the facts given the will is legal.
malipeddi jaggarao
(Expert) 13 December 2014
Father inherited the property. Kept 1 share and gave equal shares to 4 brothers, leaving his 4 daughters and wife and even that one share will have to given to you 4 brothers after his death and this an unwritten agreement. What do you mean by unwritten agreement? Even it is a written agreement, this family arrangement has to be registered by giving equal shares to daughters and wife if it is ancestral property. You did not specify whether father is alive or not.
As regards the Will in favour his wife which is unknown to you, if the property is self-acquired property of the father, this is legally valid and you people do not have any chance to contest. Facts are not sufficient to give you proper advice and most of the portion is irrelevant.
RANDHIR SINGH
(Querist) 31 December 2014
Thanks for experts opinion. More facts in response to your queries. Property was owned by my grandfather and my father got his share thru a will written by my grandfather dividing his property equally between his two sons. It is not self acquired property of my father. Daughters do not want to claim their share in fathers property and all family members agreed at the time of division in five parts as I mentioned earlier. The property share of sons was registered in their respective names. It may not be a rule but is a accepted arrangement in most families in Haryana. My father is alive. Hope to have given all facts about my query.
