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What is a son's share in parent's property in presence of two wills?
27-Dec-2023 (In Property Law)
My father and my mother acquired/purchased a property by their joint efforts in 1968 in Ahmedabad. From the beginning, the property is registered on the name of my mother. My father expired in 2002 and my mother expired in 2017. My father had made a WILL (registered with 2 witness) in 1991 stating that "The property should be divided only between the daughters (my sisters) after his death. The son (me) and wife (my mother) shall not get any claim in the property after his death". My mother had made a last WILL (notarized with 2 witness but not registered) in 2016 to give the property only to me after her death. My questions are as below: 1.Is a will valid without registration? 2.Can my father make a WILL for that property? Is such WILL valid legally? 3.Who has legal rights on this property now? 4.Can my sisters (married) and their son/daughters claim anything in this property legally? 5.What all the documents shall be required if I want to sell the property in future? Religion-Hindu
Answer to your uery:
1. Yes Will before the witness is valid without registration.
2. As the property is in the name of the mother, the father can not make the Will regarding that property. But the source of income for property has to be proved.
3. depending upon how the property is availed the right in the property can be claimed.
4. All the heirs has equal rights over the property of the parents. but if it is specifically in the name of mother which is by way of will in ur name you have the right to claim the property.
5. Documents related to the property as provided by the Revenue department and Will are necessary.
1. Yes Will before the witness is valid without registration.
2. As the property is in the name of the mother, the father can not make the Will regarding that property. But the source of income for property has to be proved.
3. depending upon how the property is availed the right in the property can be claimed.
4. All the heirs has equal rights over the property of the parents. but if it is specifically in the name of mother which is by way of will in ur name you have the right to claim the property.
5. Documents related to the property as provided by the Revenue department and Will are necessary.
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Adv. Dhruti Shah
Ahmedabad | 25+ Answers
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Your query is bit complicated and not straight forward. Its required to see the papers of the property as well as both the wills. In normal case, if the owner of the property was your mother then no meaning of your father's will. Notarised will is valid but you may need probate. I can help in details if needed.
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Adv. Tanu Oza
Gandhinagar | 100+ Answers
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Your first question answer is yes
2) no, your father was not able to make a will mothers named property so, it is illegal.
3) no, your sister can not claim her part
4) property papers
2) no, your father was not able to make a will mothers named property so, it is illegal.
3) no, your sister can not claim her part
4) property papers
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Adv. Brijendra Singh
Ahmedabad | 100+ Answers
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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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