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Will

(Querist) 23 July 2020 This query is : Resolved 
1.Whether my father can write a will for the property inherited from his sister after her death since she was not having any heirs IE husband, children?
2.Whether my father can write a will for the property Inherited from his mother after her death since he is the only heir.
3.Is the executor is necessary for the will?
If the executor is not mentioned in the will whether the Will is valid?
4.The will was written to 4 children. But the last son who was having the will has not revealed the fact of existence of the will for nearly 6 years. Whether this is correct and will is valid?
Thanks and Regards
L. Sivaji
6383347284


Aniket Giri (Expert) 23 July 2020
1. Yes. After inheriting the property he is the absolute owner and he can dispose it at his will.
2. Same as Point 1.
3. Though necessary, isn't mandatory. The beneficiaries of the will can too apply for the probate of the will.
4. This is not an issue. Just file a case for obtaining the probate of the will. Court may ask the reasons for the delay, you just have to satisfy it.
Rajendra K Goyal (Expert) 23 July 2020
You said:
1.Whether my father can write a will for the property inherited from his sister after her death since she was not having any heirs IE husband, children?

Reply:

Yes, he can.

You said:
2.Whether my father can write a will for the property Inherited from his mother after her death since he is the only heir.

Reply:

Yes, he can.
Rajendra K Goyal (Expert) 23 July 2020
You said:
3.Is the executor is necessary for the will? If the executor is not mentioned in the will whether the Will is valid?
Reply:

Will is valid even in absence of executor.

You said:
4.The will was written to 4 children. But the last son who was having the will has not revealed the fact of existence of the will for nearly 6 years. Whether this is correct and will is valid?

Reply:

Will is valid.
kavksatyanarayana (Expert) 23 July 2020
1. Yes. But in the 2nd query you said that your father is the only heir of her mother. Then how his sister wrote the will? Is she his own sister or a cousin?
Rajendra K Goyal (Expert) 24 July 2020
Sorry, the point was not noted, author need to clarify.
L. Sivaji (Querist) 24 July 2020
2 ND query.
My father's own sister. She had been married and the property belongs to her husband who has expired. Since she was not having no other legal heirs my father bequethed the above property and my doubt is whether my father can write Will for the above property.
Sri Vijayan.A (Expert) 24 July 2020
Your father is the absolute owner of the property.
The property has the status of his self acquired, so he can make Will.

3. The will is valid

4. The delay shall not affect the validity. When your father is the only heir, how four children and the last son come?
P. Venu (Expert) 25 July 2020
Your subsequent posting makes the posting a riddle than a query. The facts posted are confusing and disjointed, and less than honest.

Please make a complete disclosure of the facts that are relevant and material.
Rajendra K Goyal (Expert) 25 July 2020
After the death of married lady (sister of your father in this case), the property is inherited by class 1 heirs. In absence of Class I legal heirs, property would be inherited by Class II legal heirs, brother is also class II legal heir.

Your father if inherited the property of her sister, he has right to bequeath it.
P. Venu (Expert) 25 July 2020
The above proposition, to my knowledge, is incorrect. The deceased aunt had got the property from her husband. As such, in the absence of Class I heirs, the property would have been inherited by her husband's heirs, not her heirs.
Dr J C Vashista (Expert) 26 July 2020
Dear Mr. P Venu,
In the instant case the property is self-acquired in the hands of the lady from her husband as stated by the author, hence it would not attract the provisions of "Succession" laws.
Accordingly she is absolute owner and entitled to dispose / bequeath the property to her brother or any one else of her choice.
Thanks and regards
P. Venu (Expert) 26 July 2020
The author has not stated, anywhere, that the aunt had bequeathed or otherwise transferred her property, inherited from her husband, to her brother. hence provisions of Section 15 of the HSA apply.

Section 15 of the Hindu Succession Act Section 15 in The Hindu Succession Act, 1956 provides as follows:

15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
P. Venu (Expert) 27 July 2020
In my above posting, the following may kindly be read as the first para:

"The author has not stated, anywhere, that the aunt had bequeathed or otherwise transferred her property, inherited from her husband, to her brother. hence provisions of Section 15 of the HSA apply."

I have since modified the posting. The lapse is regretted.


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