(Guest)

Is intention of Old will valid to decide the fate of new property if the person dies intestate ?

If a person makes a will for property clearly mentioning "no share of his daughter and only sons get it after his death". That property is sold by the father.
Now, the new property is in the name of that Father who dies without any will but the old will are available.
So,
Can the property be transferred by the son's without any intervention or mentioning to the daughters? considering the facts last intention of father was only to give to his sons?

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11 Replies

Raveena Kataria (Advocate ) 08 February 2020

Unfortunately that will not be the case, regardless of the intention reflected in the old will. The old will ceased to have effect the moment the property in reference to which it was made was sold.

(Guest)

With due Respect to your reply, If there is no other will contrary to the same and the daughters also haven't demanded anything from like 20 years after death of father and only sons are living on that property and they also have the old will, so in that case also don't the Succession act support last registered intention of the real owner ?

G.L.N. Prasad (Retired employee.) 08 February 2020

The precise guidance can only be offered in complicated cases after going through such documents and please contact a local advocate, who is ultimately the one that has to deal the case.. This query appeared even in the past in this forum.

Kishor Mehta (CEO) 08 February 2020

The division of the property shall be done according to Hindu Succession Act.

Dr J C Vashista (Advocate) 09 February 2020

Originally posted by : Vishal S
	If a person makes a will for property clearly mentioning "no share of his daughter and only sons get it after his death". That property is sold by the father.Now, the new property is in the name of that Father who dies without any will but the old will are available.So,Can the property be transferred by the son's without any intervention or mentioning to the daughters? considering the facts last intention of father was only to give to his sons?

Who is testator ?

What is the relation of testator with beneficiary ?

Who the person referred as "father" ?

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

Shashi Dhara 09 February 2020

The will which is proved as genuine that will become enforceable it is first or second or third is not considered.you have to prove genuiness of will only.

(Guest)

Shashi ma'am, There are no multiple will. There is only one will while the father and his son's lived together on last address which is now sold but the address mentioned in the will is the old address only. So, can the son's claims registration of the current property which they are staying since their father's death in 1998, on the basis on that will ?

(Guest)

Vashishta sir, Testator is the Father himself who died in 1998 leaving a will in name of his son's but the address wasn't updated to new property and old property is only mentioned which was sold, but the will clearly excluded the daughters by the father intentionally so can the daughters claim share in the current property?

Shashi Dhara 09 February 2020

If daughters claim partition then you have to prove will is genuine and they are not entitled for any share.

(Guest)

Shashi ma'am, the daughters Haven't demanded anything since the last 20 years from the father's death , all of them have been married since 20-22 years and that's was is depicted in the will by the father that I had done all rituals of my daughteers and they don't have share in that property but that property is now sold and only the two son's who's name was there in the will are living together on that property, so can now the daughters claim?

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 March 2020

If there is specific mention of the property in the will which was intended to be given solely to sons barring his daughter by testator then the will lost its sight because the same property was sold by the testator uring his life time but if only general terms are mentioned without specification to the particular property owned and possessed by him at that time then definitely subsequently acquired property shall also include the intention of the testator and it shall go in favour of sons only.

Otherwise the subsequently obtained property shall be got distributed among sons and daughters of deceased in equal share irrespective of the lapse of time and exclusive possession of the son on that property. There is no limitation to get partition and possession of the joint Hindu property.