ramanathan (Legal Advisor) 03 February 2010

Validity of will

One of my client has the following querry can any legal expert give guidence

1. My clents father made a legal will in 2003 mentioning that his two sons are the legal right to sell his house (which is build by his own earning), he has four daughts all are married

in his last days, his both sons were not taking care of him and all the four daughts helped him. before he dies he called all the all the daughts and his last son and told them that he has made a mistake and the property should be equally shared amoung allt the daughts and 2 sons, there is no written document to prove this only a verbal communication has been made

now both sons are saying that according to their fatheres will they are the legal owners of the property.

my question is

is their any time limit for the calidity of the will in tamilnadu. the will is registered in 2003 and he died in 2008

how can the daughters claim their right in the property , which their father told them in his last bed

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5 Replies

R.R. KRISHNAA (Legal Manager) 03 February 2010

The will made during 2003 is valid as it is written and registered. The daughters cannot question/challenge it, eventhough during death bed the father might have told everyone to share the properties equally.

Suchitra. S (Advocate) 03 February 2010

Validity of a will is till it is revoked. In this case, the person has not revoked the will and so, his two sons will get the property. Oral submission by daughters will not be held as evidence. There should have been any proof to show that the intention of the testator was different than what is there in the will.

sudhakar (advocate) 03 February 2010

In this case doughters has no right fathers proferty.

syam kumar (Business Associate) 04 February 2010

Validity of the will remains forced as the father has not revoked the will. and there is no value for the voral communication.

If the property has come from your forefathers then daughters has the right to claim their share as per Hindu law.

V. VASUDEVAN (LEGAL COUNSEL) 04 February 2010

From the query it is amply clear that the father has expressly revoked his before his daughters and one of the son was present. A will need not be a formal written document and it can be oral. The only hitch is proving the revocation of the written will and establishing his death bed desire viz. the last verbal will. Let the daughters pursue the last wish of their father in the court of law and challenge the earlier will. They have a fair chance - either in the court or law or at least there could be a ground for negotiation.

vasudevan