Can sons get property in their name of father's sole property on his death


Father died in 1999 making a registered will in name of his 3 sons and specifically debarring his daughters rights in the property. The will was made of the only sole property father had. Later during lifetime the property was sold Making the sons part of sale deed and bought new property out of proceeed by the father only in his name.
As the father had only that property and was sold. Now
1) Can the sons get transferred the present property in their name? Only sons are staying on the property since 22 years
2) Is daughters consent needed as their was a will specifically debarring daughters rights over the earlier sole property.
3) Can sons sell the property without any hassle?
5) Is it necessary to intimate the daughters for any change or any other thing in the property as they have also not made any claim over the same.
4) Procedure if in case name needs to be changed and also process of selling.

Please advise
 
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subregistrar/supdt.(retired)

Father executed a Will favouring his sons.  But during his lifetime, he sold that property as per your query.  He bought another property and for this new property, there is no Will.  Hence all the legal heirs including his wife and daughters of the father have equal share over the property.

 
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Advocate

yes all the legalheirs are equal entitlement  share over the property. i do endorse expert Mr satyanaraya sir's answer

 
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Retired Manager

Any Will Registered or otherwise comes into effect only after the death of the person who wrote the Will.  As per your query, your Father passed away after selling the property described in the Will he earlier wrote.  The property which was bequeathed in the Registered Will is no longer available. Therefore, for the existing property, it has to be taken that your Father Passed away intestate. Clarification to your pointwise queries are as follows:

 

  1. Possession or staying in the property is of no consequence when it comes to dealing with the devolvement of property after the death of the owner intestate
  2. The contents of the Will are no longer applicable since the property mentioned therein is no longer available. Your father although wrote a Will in favour of Sons, sold the property during his lifetime itself. Had he wished to ensure the same conditions for the property purchased, he should have written a new Will, which he did not do.
  3. No. All legal heirs shall have to join to sell the property and the Buyer shall surely demand the same as the Owner of the property is not registering the property but his Children and the Owner died intestate and there is no Settlement Deed defining the present Owners.
  4. What changes do you wish to make? Share the property among the Sons through a settlement deed? You need to inform the Daughters and if they are amenable and agreeable take their relinquishing the right over the property in the Settlement Deed itself and get the same registered.
  5. Same clarification as noted for 3 & 4

 

 


 

 

 

 
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Sir, in reply to your response, Father had only one property for which he made the will. While selling that property heade his sons party sellers in the sale deed and then purchased new property. As soon as he purchased new property he did not have chance to get updated his legal documents as he passed away. Therefore, Making a will in his son's name, then making them party to the sale deed also. Aren't these enough to draw intentions of the Father and doesn't the Law say that Last intention of the Owner be respected ?

Will request your thoughts on this .

 
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Retired Manager

Your query clearly mentions as follows:

"...Making the sons part of sale deed and bought the new property out of proceeds by the father only in his name...."

Making the Sons party/ies to the willed property sold by your father,  before his passing away,  was not required and it was infructuous.  Intentions which are not in writing are not valid before the Courts. If you wish the intentions of your father to be brought into the picture, you may have a family meeting with the Elders have a discussion and come to an amicable solution and write a settlement deed that needs to be registered.

 
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Advocate

Wills are generally drafted to cover not only properties in existence but also future acquisitions by the testator. So it is necessary to check the provisions made in the will. If it is stated that your father bequeaths all his future acquisitions also to his sons to the exclusion of daughters then your sisters will not have any claim to them. and you brothers can deal with the properties in such manner you may deem fit. The above view is on the basis that the properties in question are his self acquired and not ancestral properties.

 

 

 
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Sir exactly the point you have converted. The Father X had the sole property and no other property while making the will so he was naturally to mention of that property only. Now when that property is sold making his sons part sellers, and replacing a new property out of sale proceeds, where does the intentions change or dispute ?

Earlier also X hand single property, presently also X is having the sole property, just that the property details have changed. How does that go point to a change of mind or intentions not to act according to the old will ?

Also the earlier sold property Father 'X' got from his mother and X's father through succession and was not X's self acquired. X and his living mother jointly wrote a will in name of the sons. Do this fact play some role please guide..

Please provide your inputs

 
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Advocate

The question that arises is  - did the Will cover future acquisitions also. Any suggestions depends upon the words in the Will as to the property bequeathed. 

 
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Advocate Solicitor & Consultant

The laws relating to the Will are very strict. It is clarified by many of the Hon'ble court judgments that the rights of any benefit to be derived out of the Will  shall be only confined with in the boundaries of the wordings of the Will ant not beyond it. So if there is no mention of any future property in the Will, No right against any they future property can be derived and in that case, in such a situation all the legal heirs of the deceased  person shall have their respective equal share out of that future property in the case of the Hindu succession Act. However, in the case  of non-Hindus, their respective Personal laws of succession will be attracted to give succession to that future property. I endorse many of my other colleagues as mentioned above.  

 
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