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Mahesh (CS)     02 January 2015

Family dispute: transferability of life interest property in

Mr. ABC’s family is a Hindu family from Karnataka. It consisted of him, his wife, daughter and an unmarried brother and an unmarried sister. He also had 2 other sisters who were married and settled with their respective families.

Mr. ABC created his will such that he gave only life interest to his brother and after his life to their unmarried sister until her marriage and then finally the property should vest in Mr. ABC’s daughter.

After Mr. ABC’s death his brother got all the property transferred in his name. He created a will whereby he gave the said property jointly (either or survivor basis) to unmarried sister and daughter of Mr. ABC. He also appointed two sons of his married sisters as executors of his will since these both ladies were not mature in financial dealings.

After his death the property was then transferred in name of his unmarried sister. She is currently 85+. Since she did not marry, daughter of Mr. ABC could never claim the property and died in young age without leaving any Will behind. Mr. ABC’s wife also died meanwhile.

Now the unmarried sister of Mr. ABC was whisked away by one of the relative and made to sell the family property at miniscule amount to third party.

Now the questions are:

1. Since brother of Mr. ABC had only life interest in property, can he transfer property in his name and then create his own will which will alter the terms of original will of his brother thus defeating the family arrangement which the eldest brother had in mind and provided in his will.

2. As per Mr. ABC’s will the property was to go to his daughter after his sister’s marriage however the sister never married? Since meanwhile daughter also died intestate can the legal heir (other 2 married sisters) claim property partition from the unmarried sister?

3. Whether the unmarried sister can sell the property without the concurrence of the executors appointed by the younger brother in his Will?

What action can the Executor take to recover the property and restore to the family since it is apparent that the sale of property has been caused due to undue influence over the old lady by other relatives?



Learning

 4 Replies

Jai Karan Nagwan (consultant)     03 January 2015

Very basic question, you missed in your post that: is this property inherited from ancestor / forefather? Answer to this can only be basis of suggestion for you.
1 Like

Mahesh (CS)     05 January 2015

 

Originally posted by : Jai Karan Nagwan
Very basic question, you missed in your post that: is this property inherited from ancestor / forefather? Answer to this can only be basis of suggestion for you.

Dear Mr. Jai

Yes I missed to mention that the property was self made by Mr. ABC. The family did not have any inherited property.

Jai Karan Nagwan (consultant)     09 January 2015

@ Mahesh, daughter heirs will be ultimate successor.

Adv k . mahesh (advocate)     09 January 2015

the will which was recreated by his brother has to be challenged in the court of law regarding its etenticity and its genuiness were court will call the witness to prove its signature and whereabouts 


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