Legal questions

[Shakthiprabha.]

Case 1:

A person before his last stages has written a will in the foll manner.

" As My daughter is well settled, I want my property to be shared between my sons . My daughter share is only the entire share of gold /jewellery from her mom "

The person is dead. (wife of the man alive)

Suppose THE SONS want to mortage or sell the property, do they require to SEEK THE P ERMISSION OF THE DAUGHTER? Does she have any say in the property anymore?

Can the sons sell or mortage WITHOUT HER INVOLVEMENT AT ALL?

What is the situation of the daughter now? Does she have any rights or she should rather be quiet with whatever the brothers give her or do not give her

Please very very Urgent replies needed. thanks.

[mgb]

I guess the daughter cant do anything except in case if the "well settled" term is used in the will and she can prove to the contrary and say her dad has been deceived and her sufferings were not known to him and her mother vouches for that.
for short term she can move a stay petition not to dispose of the property until the dispute is settled.

legal experts can possibly help you further..

[Shakthiprabha.]

thanks ganesh.

the term 'WELL SETTLED' is a very AMBIGUOUS very vague term aint not? How can u proove it?

[madhu]

power :

If the property is ancestoral, then eventhough the will has been written only in favour of the sons, they should get the no objection from the daughter. But if the property has been acquired by the father during his lifetime on his own, then his will is final and the daughter cant come into the picture.

( enakku therinja oru family-la nadanthadhu.. adhunAla solREn. But legal experts enna solrAgnaLO ! )

[Shakthiprabha.]

Madhu,

Thats precisely my understanding too.
The matter was urgent, I think any help or reply tommorrow wont be of great help.

so thanks madhu and ganesh :)