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Will property be divided as per Will or all children have equal rights


12-Sep-2023 (In Property Law)
Property belongs to my father in law , died in 2008 he has two sons and four daughters and his property is self acquired and he made will in 2008 but not register my question as per law property will be divided as per will or all children have equal rights
Answers (2)

Answer #1
644 votes
If your father has left a will behind distributing his share of property among his family members then it would be divided as per the will. You can get probate of the will from the court. If your father had died intestate then the shares would had been divided according to the Succession act.
Answer #2
634 votes
Registration of WILL is not compulsory according to Registration Act, 1908. The testator, i.e., your father in law, accordingly has not registered the will. It is his self acquired property and he has every choice to divide the property to anyone in the family. Just because he has not registered the will, it does not become void or voidable in law.
Each one of the persons who are benefited by the will get their share as per the will left by your father in law. You cannot divide the left over property according to your choice on technical ground that the will is not registered.
Dr Gubbi, Counselor & Advocate, Bangalore

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