Validity of Registered Will After Ammendment of Hindu Succession Act
01-Sep-2023 (In Property Law)
A father has 4 children, 2 daughters and 2 sons. Father has made a registered will in the name of sons. Will the daughters get the share in property after ammendment of hindu succession act 2020 or the property will belong to the sons?
hello client as you are saying yes the will of the father which has been totally in fevour of the sons need to be get cancelled from the court order then after tht you are able claim ur share in the full property after tht you are able to get the share in the properþy of ur father who gave executed the will before his death.
Hello, I have perused your query.
In these circumstances if the property is ancestral in nature then it will divided equally amongst all of your grandfather's class one legal heir as per the Hindu Succession Law i.e. your father and his sisters if any.
The father in the above scenario is not entitled to execute any will nor any other document in favour of the sons. The father's share here will be further divided equally between his class one legal heir i.e. amongst his 2 daughters and 2 sons.
For any further information feel free to reach out to us.
Do not confuse yourself. The property that comes under Hindu Succession act is ancestral property or interstate property. If you father has executed a will in favour of sons then that means its his self acquired property. A person has all the right to will his property to whomever he likes. In your case your property appears to be self acquired property of your father.
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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