Legal Question in Wills and Trusts in India

� Mr. A, a Hindu male, bequeathed his self acquired house property in Chennai, South India through a registered WILL in favour of his only child/only daughter Mrs. B conferring absolute rights on her.
� Subsequent to the death of A the WILL was probated.
� B is having 4 daughters and only son S. All the 5 children of B are married. B�s husband died.
� B is still alive as on date (March 2014).
� B had executed a WILL (registered) bequeathing the said house property exclusively in favour of her only son S conferring absolute rights on him, excluding all the 4 daughters.
� No specific reason is mentioned in the WILL executed by B as to why 4 daughters are excluded and why the property is exclusively bequeathed in favour of her only son S alone.
Points for legal clarification:
1. The house property now in the hands of B, being inherited through testamentary succession, whether B, a Hindu female, acquires legal entitlement to execute a WILL in respect of the said house property?
2. If yes, whether B is legally entitled to bequeath the house property in favour of her only son in exclusion of her 4 daughters?
3. The house property now in the hands of B, being an ancestral property whether all the 4 daughters shall have equal share/right in the property along with S.
4. After the death of B, whether the said WILL in favour of S alone in exclusion of 4 daughters is open for challenge in a court of law?

Asked on 4/02/14, 5:08 am

Fca Prashant Chavan Expert Edge LLP

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02.04.2014

Dear Sir / Madam,

1. Yes, B legally acquires absolute title to the house property.

2. Yes, B is legally entitled to deal with the house property in the manner she best deems fit to.

3. No, the daughters do not have any legal rights on the property. S will have to probate the Will after B.

4. Yes, the four sisters of S can contest the Will in the Court.

Regards,

Answered on 4/02/14, 8:11 am

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