Property
5 years ago
My father (expired in 1996) has self earned property at Jaipur. He made a will giving rights to his wife, which is not registered. My father had mentioned in his will that there shall not be any share of daughters (3). My mother too does not want to give any share to daughters.
I, being daughter, wants to know that as per Indian Laws, can daughters be deprived of share from property of father? What is legal remedy available to me / daughters?
PL ADVISE
ROBERT D ROZARIO
Responded 5 years ago
A.A hindu daughter, whether married or not, is entitled to get equal share in the ancestral property only. However in your case, this property is a self-acquired property of your father. Had he died intestate, (without a Will) then you being one of the legal heir is entitled to have equal share in the property along with your mother and two sisters. But your father died testate (with a Will). Since this property is not ancestral but self-acquired, your father can give his property to anyone by his will. Neither you nor any of your two sisters have any right in the property. The beneficiary, that is your mother is the rightful owner of the property by the Will of your father.
You can either wait for your mother's peaceful demise and get the property provided she dies intestate or challenge the legality of the Will on the ground of undue influence, lack of due execution, or fraud. Whatever be the grounds of challenge, there is very little chance of yours getting any share in the property as the property has dissolved to your mother. Court will consider on this vital fact.
Preeti it's would be good if you be sweet with your mother and pamper her so that she by her last will, makes you the sole beneficiary of the property.
You can either wait for your mother's peaceful demise and get the property provided she dies intestate or challenge the legality of the Will on the ground of undue influence, lack of due execution, or fraud. Whatever be the grounds of challenge, there is very little chance of yours getting any share in the property as the property has dissolved to your mother. Court will consider on this vital fact.
Preeti it's would be good if you be sweet with your mother and pamper her so that she by her last will, makes you the sole beneficiary of the property.
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Ashish K Dongre
Responded 5 years ago
A.You don't have any rights as far as what u have stated above. Contact vidhikarya lawyer for more details.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.There is retrospective effect of hindu succession Act amended in 2005 but for ancestral property only. as you said your father property was self earned then it was allready decided disposed of their last wish. there is no legal remedy to challenge their last wish on self earned property. If supposed that property was ancestral then you will been successor by birth.
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