Lakshminarayan (Self) 22 October 2013

Will for unpartitioned property

Senario: A father died intestate leaving behind some property. He has 4 children(3 daughters & 1 son). The property is pending for partition.

Q1. Can one daughter(1 of 3 daughters) who has (2 daughters & 1 son) write a WILL of her share(which she will get after partition), in favour of her only son?

Q2. Will the 2 daughters who did not get any share, go to court for their share as per HINDU SUCCESSESION AMENDMENT ACT (2005)?

PICTORIAL DESCRIPTION:

    FATHER (Intestate leaving some property)
       |
   D1 D2 D3 & S1 (Legal hiers. Property not partitioned yet)
              |
            D1* D2* & S1* (Children of D3)

D3 writes WILL in favour of S1*, can D1* and D2* claim share in D3 property as per Hindu succession Amendment 2005 Act?

D= Daughter S= Son.

Thanks,

Lakshminarayan.

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2 Replies

adv.raghavan (Advocate,9444674980) 22 October 2013

1, yes mother has all the right to settle her property to anyone ,she likes, 2, the other two daughters cannot go for any claim on that nor contest the settlement .

1 Like

bhagwat patil (Property due diligence 9422773303) 27 October 2013

Q1. Can one daughter(1 of 3 daughters) who has (2 daughters & 1 son) write a WILL of her share(which she will get after partition), in favour of her only son? YES AS ONE CAN DISPOSE ARISING OUT RIGHT. Q2. Will the 2 daughters who did not get any share, go to court for their share as per HINDU SUCCESSESION AMENDMENT ACT (2005)?INDIAN WOMAN CAN DISPOSE HER RIGHT AT ANYWAY WHATEVER MAY BE THE SOURCE....SEC14