Legal Question in Wills and Trusts in India

X has two daughters A & B. B is married but plans not to have children as the doctor told her that her life span is not more than 8-10 yrs according to GTT test. so X made a will of his self acquired property completely in the favour of A. X also mentioned in his will that since B has planned not to have any children, he is bequeathing all his self acquired property to A completely. after X dies the court grants probate to A. B goes to the court to prove that the fathers will is illegal saying that her decision of having no children is contrary and not related to her fathers decision for not giving her any of his self acquired property.

my questions are:

whether X's will is illegal?

whether B is entitled for any share in fathers self acquired property?

whether the reason written by X in his will is immaterial?

will B get her share or does she have the rights?


Asked on 9/24/13, 8:13 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.09.2013

Dear Sir / Madam,

1. X's Will is not illegal.

2. If X has specifically written in the Will, a sentence stating that "In view of X having willed the property to A, A is required to financially compensate B with Rs. __________ for acquiring the sole title of A's property", then B is entitled to persuade A to pay her that financial compensation for the transfer of title in A's name.

3. YES, the reason written by X in his Will has no forbearance to the transfer of title of X's property to A.

4. Refer reply as in point (2) above.

Regards,

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Answered on 9/24/13, 11:12 pm


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