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Daughters share in fathers property - Tamandu
8 months ago
2 daughters got married 1982 and 1986 and 1 daughter got married 1999. And, the WILL was created in 1990 by the father mentioned all his property will be transferred to his son and grandson from 1990.
Still daughters can claim the father's property?
A.Dear Sir,
No, because it is not intestate property. Father has executed the Will in respect of his self acquired properties. But there is no admission state to prevent the daughters from filing such false partition suits.
No, because it is not intestate property. Father has executed the Will in respect of his self acquired properties. But there is no admission state to prevent the daughters from filing such false partition suits.
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Anonymous
Replied 8 months ago
Good Afternoon, Sir. Thanks a lot for your experienced thoughts. Thanks again!
A.Dear Client,
Will Validity: If a valid will was created by the father in 1990, it may legally outline his wishes for the distribution of his property. However, there are legal provisions that might allow certain individuals, including daughters, to contest the validity of a will. The validity of the will would depend on factors such as the mental capacity of the person creating the will, coercion, fraud, and other legal requirements.
Daughters' Rights: The rights of daughters to inherit property have evolved over time in India. The Hindu Succession Act, as amended in 2005, grants daughters the same rights as sons to their father's property, regardless of when they were born or when they got married. The 2005 amendment has retrospective effect, which means it applies to daughters born before the amendment came into force.
Challenges to the Will: If the daughters believe that their rights are being unfairly denied according to the will, they might have the option to legally challenge the will. They would need to establish valid grounds for contesting the will, such as lack of testamentary capacity of the father, undue influence, fraud, or coercion.
Grandson's Rights: If the will specifically mentions the transfer of property to the son and grandson from 1990, it might indicate the father's intentions regarding the distribution of the property. However, this doesn't necessarily mean that the daughters' rights are completely excluded. The legality of such provisions might be subject to legal scrutiny, especially if it can be argued that they are discriminatory or violate the daughters' legal rights.
Thank you.
Will Validity: If a valid will was created by the father in 1990, it may legally outline his wishes for the distribution of his property. However, there are legal provisions that might allow certain individuals, including daughters, to contest the validity of a will. The validity of the will would depend on factors such as the mental capacity of the person creating the will, coercion, fraud, and other legal requirements.
Daughters' Rights: The rights of daughters to inherit property have evolved over time in India. The Hindu Succession Act, as amended in 2005, grants daughters the same rights as sons to their father's property, regardless of when they were born or when they got married. The 2005 amendment has retrospective effect, which means it applies to daughters born before the amendment came into force.
Challenges to the Will: If the daughters believe that their rights are being unfairly denied according to the will, they might have the option to legally challenge the will. They would need to establish valid grounds for contesting the will, such as lack of testamentary capacity of the father, undue influence, fraud, or coercion.
Grandson's Rights: If the will specifically mentions the transfer of property to the son and grandson from 1990, it might indicate the father's intentions regarding the distribution of the property. However, this doesn't necessarily mean that the daughters' rights are completely excluded. The legality of such provisions might be subject to legal scrutiny, especially if it can be argued that they are discriminatory or violate the daughters' legal rights.
Thank you.
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Anonymous
Replied 8 months ago
Thanks for your expertise view. Thanks again!
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