Is daughter entitled to get a share in father self earned property If will(1998) is not in favour of her ?

Question

the will was prepared in the year (1998). my three brother are entitled to get a share in my fathers self earned property whereas the daughter as not getting a share as per the will. according to womens right in fathers property we will get a share?

Answer 1

Rani! Hope as the name suggests you are a Hindu & this case relates to a Hindu family in India. The will was prepared in 1998 wherein the three brothers i.e. the sons of the father were named the beneficiaries in the self acquired property of the father but their sister i.e. the daughter was not given any share in the property. As far the right of the daughter in the share of the property of her father is concerned, no doubt she is one of the class 1 heir like the son of a Hindu father according to the Hindu Succession Act,1956 only if the such father dies intestate. What does this intestate means? It means that such a Hindu father has not made any Will or any other testamentary document will regard to his any self acquired property. In case there exist any such will or any other testamentary document with regard to the disposal of the property of the deceased person then his property shall devolve according to that will or the testamentary document & not according to the Provisions of the Hindu Succession Act, 1956. In case such will or testamentary document is found to be not properly executed or is held to be illegal or falsely obtained by force or fraud or forged document as may be the case according to the court at the time of its probation, then the property of the deceased person shall be devolved or distributed according to the provisions of the Hindu Succession Act, 1956 & such a daughter shall get a share in the property equal to that of the other sons or her brothers. What this entire means? The daughter of this deceased person can challenge such a will made in 1998 as invalid, which doesn't provides her any share in the disputed property, on the basis of force or fraud or any other valid reasons, such a will was got executed by the son's from their father, but in such a legal challenge the onus of proof will lie on the daughter to prove such force or fraud or any other valid reasons & not the sons. If the daughter is able to prove her charges with regards to this will as I stated above & court is satisfied that this will is illegal & not valid in the eye of law then such a daughter will be able to get same share in the property of her father as her other brothers.

Answer 2

I could give you a better answer if I had more complete facts. However, based on what you have presented, no, a daughter is not entitled to a share in her father's estate. In the United States, a father is not required to leave any money to anybody. Note, however, that a husband cannot disinherit his wife because she has the right to elect against the will and take her intestate share.

Your best course of action would be to determine if there are sufficient facts to carry forward a successful will contest.

There are a few traditional grounds for a Will contest:

* There was a defect in the way the Will was signed or witnessed. Examples include forgery, or the fact that the Will was witnessed by someone before the Testator signed the Will.
* The decedent lacked legal capacity to make a Will at the time the Will was signed.
* The decedent was the victim of undue influence of another person, which overcame the decedent's true desires regarding the disposition of his own estate.

Notwithstanding the above, your could work out a "family settlement agreement" with your brothers which would give you a share of the estate.

Best advice: consult an experienced probate attorney admitted to the bar in your state.

Answer 3

As I understand it women have an equal share along with men in a property which is a Hindu Undivided Family meaning thereby that ancestral property has been passed on from one generation to another.In such a case women have an equal share as a co-parcener(according to the latest amendments to the Hindu Law of succession).
However in case of self-acquired property(that is bought/constructed from one's savings/loans) the position is that being non-ancestral the person owning the property can dispose off the same as he desires so much so that he can give it away as charity to some ashram etc.in case he has left a will.However if he dies without a will being written then the Hindu Succession act will apply and the property will be shared as per the relevant .
provisions.
In your case as you have mentioned that the property was self-acquired and a will has been left behind giving the same to your 3 brothers you donot have a share unless you prove in a court of law that your father didnot acquire the property from his earnings but had got it as inheritance from his forefathers.
I hope the position is clear.All the same better to consult a lawyer-friend and get the position confirmed.

Answer 4

If the will written by your father has been in favour of your brothers they get the share. Your brothers have done nothing wrong unless and until they have coerced your father. You can contest against the will if your unhappy with your fathers decision or the latter has taken place. But you need to decide whether it is worth or not. This could lead to ill-will amongst yourself and your brothers family. If your mother is alive she may not like it. Your husband and in-laws will be dragged into the affair unnecessarily. You will loose all good faith and relationship you must probably be enjoying so far from one and all. Weigh the pros and cons before taking any drastic step. Money will come and go but relationship once gone cannot be repaired. Good luck !!!

Answer 5

daughter entitled share father earned property 1998 favour

Answer 6

A will over rights everything, in particular when assets are self acquired. However, if the father dies intestate, per Hindu Succession Act in force all the legal heirs are entitled for equal share..

Answer 7

she may believe that she is, but her fathers will says no. her three brothers may give her a piece or part other than that she is not entitle to it.
She may want to get he self an attorney and fight for a part.
she should talk to her brothers and ask if she can have a part of the assets if not and it means that much to her than fight for it.
Take care and good luck....

Answer 8

whether will genuine and registered. every one has right to give his self earned as his willingnes to any one. see yester day hindu newspaper. sc pronounced that wife and son has no right for enjoying the property of the decesed husband/father because not taking care of him while he was suffering from cancer. the deceased wrote will in favour of his sister who took care of him while he was ailing.

Answer 9

Depends on where you live. If you are in America, get a lawyer to check over the will. You could also go so far as to contest it.

Answer 10

As per the will, she is not entitled to a share.