LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SANKARPRASAD (MNGR)     01 May 2024

Will validity on immovable property

A person( Call "A"  ... an Indian, Married Hindu Brahmin ) who is made a will to divide his property in 2013. He mentioned in this Will that he got this property on  family partition between he and his father in 2012( Through Regd deed) and will come to force in case if he dies.

Narration of this Will is :

1. He took some money( with out any proof  from his brother in law) and this brother in law will live in that partitioned portion for  Rent free upto 2015.

"A" died due to Diabetic  in 2014. Brother In Law didn't claim any thing from "A" 's family.

2. "A" mentioned in this Will  that "This Will  come into force incase if dies otherwise he can take back  from Brother in Law and enjoy on his own." 

3. As per the Will Some of the portion of his property will goes to his three sisters( 50% to all together) and in remaining 50%.... (a)30% to his wife and his wife cannot have any authority to sell or mortgage or any other transactions on this but can enjoy only. After her this property will again go to his adopted son only. (b) 10% to his adopted son and (c) 10% to his legitimate daughter. This daughter got so much of property previously also from father. Except these three no other dependents on him.

This Will came into light just now( in 2024). None of the others known about this. Some  person sent through Regd post from the place where "A" died.

This Will was signed by two persons for evidence. He was not insane and  in sound mind while executing this Will. 

But the question is Can a person execute any will with this type of conditions? Is this  valid?  Chances  to challenge by legitimate daughter? .

Req you to Pl. clarify.







 18 Replies

T. Kalaiselvan, Advocate (Advocate)     01 May 2024

There's no infirmity in this Will. 

A Will is made only to Express the desire of the testator to distribute his property in the manner he desires and decides. 

Therefore the Will is very much valid. 

SANKARPRASAD (MNGR)     02 May 2024

Thank you verymuch Sir....



Dr. J C Vashista (Advocate )     02 May 2024

Can partition of ancestaral property be made through testamentory document of "Will" by "A" a Hindu Brahman, as stated ???

My answer is negative.

SANKARPRASAD (MNGR)     02 May 2024

Partition done between father and son through Registered deed in 2012 with areas to each,  boundaries and drawing. mentioned as mentioned in deed. 

Warm Regards

T. Kalaiselvan, Advocate (Advocate)     02 May 2024

Your inference about the classification of ancestral property may be incorrect unless the partition of ancestral property with the son alone excluding other legal heirs or coparcaners is invalid and illegal.

Hence you once again ascertain the details by producing the relevant papers before an experienced lawyer in the local and clarify all your doubts in person instead of getting misguided from forums like this because you will get opinions based on the information whatever you have posted here and not beyond it.

SANKARPRASAD (MNGR)     02 May 2024

Sorry. Sir, I am  not  misguiding this forum. Pl. understand. What i said in above is correct . In this case others portions were devided and father and son are only remaining. As its already a lenghty narration i have not mentioned about others. I thought no need to mention here.

Pl. understand once again I have lot of respect on this forum and the People sharing their knowledge here.

I am getting valuable suggestions from eminent persons like you and others with different opinions and improving/Refining  my knowledge.

Thanks for yours' Cooperation and Help.

Warm Regards


T. Kalaiselvan, Advocate (Advocate)     02 May 2024


You are confused about the legalities in your case, hence you were suggested to consult a local lawyer having good experience in such matters and obtain a proper opinion on the basis of the related documents and papers availahble in your possesison and proceed as suggested 

Dr. J C Vashista (Advocate )     03 May 2024

I endorse the opinion and advise of learned senior expert Mr. T Kalaiselvan.

There are certain legal implications of the facts posted, accordingly it is better to consult a local prudent lawyer with relevant records for proper analyses, professional advise and necessary proceeding.

P. Venu (Advocate)     03 May 2024

What are the properties covered by the Will? Who is in possession/occupation? Who are the legal heirs to the deceased?

Has any claim or dispute arisen because of the Will?

SANKARPRASAD (MNGR)     03 May 2024

This Will came out all of the sudden after 11 Years from some where else and Objected by daughter.  Legal Heirs are His Wife ( Presently Widow) , Legitimate Daughter and Adopted Son. ( All these relations are valid).

He wrote part of property to his sisters because His daughter was engaged by Intercast Marriage. He is in thought After his death the Last rites and Obitutories were done by His sisters Husband/Their Sons( may be bitter but To be Honest by Brahmins only).

Presently Brother In Law who gave money to the deceased is living in that House. He had noobjection to leave.

His daughter raised a question on validity of Will?.

I asked some of my  friends here. Some  Opinions are as Suggested by ( Sh. Kalai Selven...I am Thankful to him) But they added a point "Once it is divided between  father and Son this property will be treated as Son's Self Acquired." . So deceased had all rights to distribute his property as he like.And Will is valid well. 

But daughter's Advocate said  As Son ( Deceased) got property from his father This will fall under Ancestral Property . He had to distribute among his family members( 50% to Hiswife and 25% to daughter and adopted Son each) likethis. 

So that I put this query in this forum as a case study .

 Warm Regards

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

You can discuss with an experienced lawyer in local or outside elaborately and take decision to proceed in this case on your own prudence with the support of best opinions you received. 

SANKARPRASAD (MNGR)     04 May 2024

Thank you sir, I asked that family members to engage their own advocates and diceide.

Once again thanks for your suggestion 



P. Venu (Advocate)     04 May 2024

You are trying to confuse us than providing  the information.

Please post the real facts instead of opiniated but selected facts based on prjudices.

Parth Chawla (Lawyer)     16 May 2024


I have read your query and would like to answer your questions but before that lets examine the validity of will. As mentioned by you that the person “A” got his share of property through partition and by way of registered deed which means he was the sole owner of the property after partition, therefore, the tag of ancestral property was removed and the property would then be referred as his separate property or self-acquired property.

Some grounds for which a will can be challenged are as follows:

·       Section 61 of Indian Succession Act, 1925 states that any will which has been obtained through fraud or coercion can be challenged.

·       Section 59 of Indian Succession Act, 1925 states that any will made by a person of unsound mind, minors, ill or intoxicated can be challenged.

·       Section 89 of Indian Succession Act, 1925 states that a will without a certain object or subject would be invalid. For example any irrational terms with no clear beneficiary, ambiguity or confusion with respect to the intention declared by the testator in the will.

·       Section 124 of Indian Succession Act, 1925 states that a contingent legacy can take affect only on the happening of that contingency. A contingent will whose execution is dependent upon the happening of a specific event or condition.

·       Section 127 of the Indian Succession Act, 1925 provides that any condition of the will which are illegal or immoral can be declared void, or if the conditions are against any public policy then it would be declared invalid.

By analysing the narration of the will as provided by you, there is no ambiguity or illegality in the provisions mentioned therein and the will can not be challenged on any ground.


Parth Chawla

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register