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RajaRajachozhan (retired )     21 October 2025

Share in the house property

Dear Sis/Madams,

  1. Mr A has 2 Flats F1 and F2 ( self earned property). His family consists of his Wife ( named here as B) and 2 daughters - D1 and D2, 1. For property F1 ,A writes a Will in favour of his wife B and daughter D1, each to have 50% share in the property.   
  2. ."He further wills that on the demise of his wife B, her share (50% share) in the property should also to go to his Daughter D1."  The Will is registered.
  3.  After A's demise, as per the will B gets 50% share in the property F1.The will says that after B' demise her share should go to D1.
  4. .Is  this ( after B's demise her share should go to D1) tenable ?-  because once B becomes the rightful owner of her share in  F1, naturally, on her death it should go to her legal heirs - viz as viz  they are D1 and also D2. 
  5.  Advice solicited.   A;s intention being that F1 should go to D1 ultimately after his death, whether the above W I L L  will fulfil the intention.                                                            sincerely,rajarajasozhan


 11 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 October 2025

A will can state what should happen if the testatee dies before the death of the testator  and not if the testatee should die after the testator's death.

 

T. Kalaiselvan, Advocate (Advocate)     22 October 2025

The bequest is legally valid.

The recital of the Will is clear that after the death of B, her share shall go to D1, therefore this cannot be considered as an intestate succession hence D2 cannot claim any share out of B's share in the property.

 

Dr. J C Vashista (Advocate )     22 October 2025

Legally there is no legal infirmity in bequeathing property F1 in favour B and in case B predeceases the Testator (A) the property F1 shall devolve upon D1, however, the property shall devolve upon B when the Will becomes operative i.e., after the death of Testator (A) and it remained un-assailed.

Regstration on non-registration of the Will shall not affect its execution, however, it must have been attested by 2 independent witness (non-beneficiary of the subject Will).   

If D2 challanges the Will on any ground, it may not succeed,wherein D1 has to prove the Will in terms of Section 68 of Indian Evidence Act, 1872.

Later part of the query is vague and not clear.  

Advocate Bhartesh goyal (advocate)     22 October 2025

A's will is perfectly legal and valid and his wish and  intention is very clear.As per will after demise of B her  share will pass to D1 and D1 will acquire absolute rights of  ownership of property F1. D2 can claim any share or right over property F1.

kavksatyanarayana (subregistrar/supdt.(retired))     22 October 2025

The Will executed by A is legally valid.  Mr A willed for F1 property only, but not on F2 property.  So the F2 property shall be devolved among his legal heirs in equal shares.

P. Venu (Advocate)     22 October 2025

The Will confers only life interest to the wife. Such a legacy is lawful if the Will is properly executed. it makes no difference that the Will is registered.

RajaRajachozhan (retired )     22 October 2025

Dear Sirs, I thank all the Advocates and other designates for their opinion on the points raised.   I have some hesitations about some opinions.   I am making the points (core issue) quite clearer for us to discuss and come to a conclusion:

A is the terstator writing the Will in favour of B (wife) and daughter D1 (50% share each).

A 's intention is that after B's death - her share in the property should go to D1 only.

We are discussing the scenario after A's death :

The issue before us is about  B's  50% share in property F!  ( after B's death):

   a) whather it has to go to her  (B's)LEGAL HEIRS - in that case both D! and D2 are entitled

       or

   b) As  per the A's intention (directive) in his will it has to go to D1 only.

Let us argue and come to a legally correct decision.   

c) Whether A's WILL can be questioned as legally NOT TENABLE. - that is item b) above. 

Thank you sirs.   sincely    rajarajasozhan. 

When A dies - B legitemately (legally) entitled to deal with her share in any manner. eg.   She can give it to D2  

When B dies  (after A's death) the property that 

 

 

  whereas

A 's will restricts that on her death it should go to D!

T. Kalaiselvan, Advocate (Advocate)     23 October 2025

A's Will states that his property shall go to both his wife and first daughter, with a restriction that his wife can enjoy the property till her lifetime without alienation power, it means, as per recital of the Will, the share given to his wife shall automatically devolve on his first daughter after her death.

To be doubly confiormed about the intention of the testator, the beneficiaries  can get the Will probated by a court competent to establish the validity of the Will upon the Will becoming enforceable 

P. Venu (Advocate)     23 October 2025

Is there any context for this query - any real-time issue?

Or just a question paper to test the credibility of this forum and the competence of the participants?

If a real-time query please post the material facts than algebraic equation.

kavksatyanarayana (subregistrar/supdt.(retired))     23 October 2025

You have not stated anything about the F2 property.

Dr. J C Vashista (Advocate )     24 October 2025

Originally posted by : kavksatyanarayana
You have not stated anything about the F2 property.

Similarly what about reasons for debarring / exclusion of D2 from either of the properties under the Will ?


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