Civil Procedure Code (CPC)

Clarity on property in will


My grandfather has a self acquired property. He wants to divide it between his 2 daughters, my mother(Ms Jyoti) and my aunt(Priyanka). I want to mention that they do not get along at all, and my aunt will harass us whenever given the chance.

The concerned portion of his will is-

3. a) I hereby bequeath the entire ground floor portion to Priyanka barring the parking space and a clear passage to the first floor.

b)  The entire first floor with open roof and the terrace on the first floor and subsequent floors till the sky shall belong to Jyoti absolutely and to the exclusion of anyone.  After her, her son Rahul will be the natural owner.

c)  The parking space on the ground floor inside the gates shall be common to both.  Priyanka and Jyoti both will look after maintenance of the water tank on the ground floor and tanks on the roof and general maintenance of the house jointly.

No person other than my two daughters and my grandson shall have any right on the said property whatsoever.

4.  In the event of if either of them, Priyanka or Jyoti, propose to dispose of the said property, by way of sale, mortgage or gift or by entering into a collaborative agreement with a builder, it will be possible only when both of them agree to similar decision.  The agreement or refusal shall be communicated in writing to avoid any misgivings.

 

Please advise on the following

1) Can my aunt sell her portion without agreement of my mother?

2) Can my aunt Will or gift her portion away to someone outside the immediate family? She is unmarried and does not have any children.

3) Can my aunt block our entry into my mothers portion?

4) Can this Will be contested on any basis?

5) Can my aunt file false cases against me to force my mother to sell?

6) Since the Will gives my mother the first floor with rights to build upwards, does she have claim to a larger portion of the land and building?

 
Reply   
 
Retired employee.

1,2:  Not possible as per clause 4 of will.    3: No as per clause (c) of 3 main clause.  4)Can not say, but there is  no such ground apparent on the face of the will. 5: The doubts are absurd as none of the two daughters can sell without NOC from the other  6:The will is having crystal clear clarity without any ambiguity, She (aunt) can not insist for such things as per will.   The will comes into force after the death of their father only. 

 
Reply   
 


Advocate

How can you dictate terms of your grandfather's Will? Let him take care of his children at his discretion!

 
Reply   
 

Sir, my grandfather has asked us to get more clarity on the mentioned part due to the recent behavior of my aunt. The will is already made by him.

 
Reply   
 

Hello,

1) Can my aunt sell her portion without agreement of my mother?

No

2) Can my aunt Will or gift her portion away to someone outside the immediate family? She is unmarried and does not have any children.

No

3) Can my aunt block our entry into my mothers portion?

No, your mother can use her share without any disturbance. Your mother can take legal action based on the circumstances against your aunt if she causes any disturbance.

4) Can this Will be contested on any basis?

That depends on circumstances or disputes. 

5) Can my aunt file false cases against me to force my mother to sell?

No one can predict it. False cases will not survive in a court of law. 

6) Since the Will gives my mother the first floor with rights to build upwards, does she have claim to a larger portion of the land and building?

Prima facie yes your mother getting rights on the first floor and upwards. 


 

 

 
Reply   
 
Retired employee.

Members can not provide precise answers on 'hypothetical" cases.   Show the will to a local advocate, express your doubts and seek to draft another fresh will with such modifications as suitable to you and your grandfather.

 
Reply   
 
Advocate

1. After enforcing the Will, both the beneficiaries have to get their share in the  property transferred to their respective names.

Once it is completed both become an absolute owner with clear and marketable title in respect of their individual share in the proeprty.

Hence she can sell her share of property at her own will and wish without taking permission or consent from your mother.

 

2.  Your aunt being the absolute owner of her share in the proeprty can very well transfer or dispose her share of proeprty at her will in the manner and mode she may desire and decide.

 

3.  Your mother cannot block you r mother from using the common passage.

 

4. If there are only tow legal heirs to your grandfather a=other than his wife, then, if at all your aunt is aggrieved over the distribution, she may challenge the same but cannot succeed because her challenge is not maintainable.

 

5. No.

 

6. Your mother is entitled to the schedule of property bequeathed in her favor in the Will .

 

 

 
Reply   
 
Lawyer

Consult a local lawyer if it is a true story.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x