Civil
2 years ago
My father has some properties, which he has earned by his own. He has 3 children (two daughters and 1 son). He is 62 years old now. Now, he transferred all his properties to his son without giving any compensation to his daughters. He told he prepared a Will for Agricultural land and 1 house, then transferred 1 plot through "dhana settlement" to his son. Is there any choice to question him (father) legally? Shall we use Article 14 here. Eventhough it is his self acquired property, he transferred to his son alone, then what about daughters. He showed partiality among his children.
Your father is the absolute owner of that property and nobody can prevent him from gifting it away to anybody. Other children cannot object for such action taken by your father.
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According to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons to their father's self-acquired property, if he dies intestate, that is, without a will. The property will be divided equally among all legal heirs. You can claim your property rights and try to prove how you ar eligible however you can not force him if he does not desires to.
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A will made clear in the name of one person is legal, and you cannot challenge the will if the property is named after him. You can, however, challenge the circumstances under which the will was written. There would be a case if you could show that the situation in which the will was written was improper.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A will made unequivocally in the name of one person is valid and therefore if the property is named after him then you cannot contest the will. However, you can contest the situation in which the will was made. If you are able to prove that the situation during which the will was made is not proper then there would be a case.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
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