Legal Question in Wills and Trusts in India

Married Sister's Share

My Father a Hindu had executed a registered will in 1961 at Bangalore giving all his self acquired properties and share of properties he got out of the properties acquired by him and his brother jointly through personal exertion to me and my brother (clearly stating that his daughters do not have any share in his properties), subsequently he had executed a partition deed (registered) in 1968 partitioning his properties to me and my brother in this partition deed he declares that adequate provision has been made by him for the marriage of his daughters.

My brother and me are in possession of the said properties from .

1) Dose the Will become void because of the Partition Deed?

2) Now that my six sisters are claming they have a share in the said properties and are saying that they will approach the court to claim their share. Can they claim the said properties now? They say that they have rights to the properties under the THE HINDU SUCCESSION (KARNATAKA AMENDMENT) ACT, 1990.

All the sisters are married before 1985, three of the sisters are widows now.

Kindly Advice

Thank you


Asked on 8/18/07, 5:12 am

4 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: Married Sister's Share

WILL will be valid and if sisters have been ousted then they cannot claim anything. but the property should be self acquired.

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Answered on 8/20/07, 5:27 am

Re: Married Sister's Share

No, the will does not become void in view of partioned deed.The will is valid and is binding on all legal heirs.If no share had been given under the will to said six sisters then no right accrue to them in the light os Will.In case of need you may contact me with details.Professional charges shall be applicable.

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Answered on 8/18/07, 8:15 am
Nandita Haldipur Haldipur Associates

Re: Married Sister's Share

No the will does not become void. That his wishes have to be given effect to by teh legal heirs hence they cannot claim any share

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Answered on 8/18/07, 8:43 am
kavitha balakrishnan kpp associates

Re: Married Sister's Share

they may not have a fair chance!

contact for further details...professional charges apply!

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Answered on 8/21/07, 2:05 am


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