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N.S.Praburamachandran (Asst.Gen.Manager)     11 August 2010

coparcenary property

my father in law and mother in law jointly hold a 25 cents of land.

mother in law expired first without making any will.

father in law expired a year later but made a will for the entire 25 cents. 

my question is 
can father in law make a will and bequeth the mother in laws part of land to any of his child?
he has bifurcated the 25 cents into exactly half to two daughters.
my in laws have 3 daughters.
what about the third girl who was not given any share.

the above property was a self earned by father in law and registered with mother in law as equel partner.



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 6 Replies

unique horn (self)     11 August 2010

If the property was registered in both name, then he cannot bequest his wife share. The 3rd daughter can get 1/3 of her mothers share( 1/6 of the whole or 4 cents), if she proves that it was jointly purchesed  by her mother and father.

adv. rajeev ( rajoo ) (practicing advocate)     12 August 2010

Even thouhg it is self acquired property of the father in law, it was joint property, when mother in law expired without making any will then succession opens.  So daughter is entittle for the equal share along with other members of the family

Virendra Vyas (GM-Legal)     12 August 2010

if the land was purchased with MALE persons own self earned monies and for the matter of seafty  name of FEMALE  was inserted in tted he land revenue records -who died without making a will in this case prior to male. Male has right give entire land as it is his own (100%) property.But if the deceased FEMALE has contributed financially for purchase of land in that case the MALE person can make will for his share and deceased FEMALES share will be distibuted among all the legal heirs including MALE ( in this case husband  and daughtres will aslo get shares)

N.S.Praburamachandran (Asst.Gen.Manager)     13 August 2010

Dear lawers club eminent lawyers,

 

i am thankful to your reply and it is wonderful to get your time tested experience. to add clarity, undersigned would like to add few more information to the forum,

 

1] the land was registered on both father in law and mother in laws name. here father in law contribution is 45000 out of 75000 and mother in law's contribution is 30000 out of 75000. the cheque nos also put into the registered document.

2] in all revenue records both the names are appearing, be it on property tax and water tax and the property built on the land was also jointly signed.

 

N.S.Praburamachandran (Asst.Gen.Manager)     13 August 2010

 

Dear lawers club eminent lawyers,

 

i am thankful to your reply and it is wonderful to get your time tested experience. to add clarity, undersigned would like to add few more information to the forum,

 

1] the land was registered on both father in law and mother in laws name. here father in law contribution is 45000 out of 75000 and mother in law's contribution is 30000 out of 75000. the cheque nos also put into the registered document.

2] in all revenue records both the names are appearing, be it on property tax and water tax and the property built on the land was also jointly signed.

 


 
 


 

Murali (Advocate and Corporate Consultant)     31 August 2010

As per the information given by you, the property is not only joint but also, out the monies of both father-in-law and mother-in-law. Therefore there is no doubt, that the third daughter is entitled for a share out of her mother's share. The parents have three daughters and when one daughter is left out in the will without any share, the will needs to be looked in to for its genuiness. Will is always subject to proof  and the aggrieved party can challenge the same if it was executed under  coercion or some other fear factor or if it was executed when not in sound health.


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