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Father made Will and registered can brother's son claim in property


06-Mar-2023 (In Property Law)

My brother has recently died in road accident and I have one elder sister. My father wrote will and registered the same. The will is 60% of his home will be mine and 40% is for my sister. due to family problem my father is not willing to give any amount to my brothers family. My brother is having one son and his age is 11 yrs. Now my father is having doubt that my brothers son can claim his property after 18 yrs of his. The property was earned only by my father. Kindly suggest whether my fathers Will can speak sound or it will be deactivate post 18 yrs of brothers son

Answers (2)

Answer #1
924 votes
First of all you must be aware that the Will come into force only after the life time of the testator.
Next, this property was your father's self acquired property, he has full rights to dispose it in the manner and method as per his own will and wish and to any one of his own choice. He cannot be compelled to give any share by anyone. He can very well mention the circumstances under which he wishes to distribute his self acquired properties to the beneficiaries and may or may not mention the reason why he did not allot any share to one of his child.
When his own children or his wife cannot claim any share in your father's self acquired property, there is no reason that his grandchild can claim any share after he becomes major by age. So there is no reason to be concerned about this.
In my opinion, let your father execute a settlement deed in favor of both of you and your sister instead of writing a will and bequeathing the properties through the said will.
Answer #2
660 votes
self-acquired property can be transferred through a 'WILL' as per the owner's preference. None can challenge this.

Only in cases of ancestral property and property of persons died intestate (ie., without writing any WILL), family members are entitled for equal distribution of the property.

In your case, since the property is your father's self-acquired one, your brother's son cannot dispute the WILL at any stage.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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