Legal help related to property

S

SharekhaN

Skilled
I have a situation here which I am curious to how it will play out.

Suppose I have two offsprings. Both adults. One Male and one female.

I have a property in form of a house. This is in a co-op housing society. The society nomination shows that the only nominee is the male child.

However sometime post that nomination, some differences arise and not making any changes to that society nomination, I make a will which I bequeath all of my property to wards the female child.

Can someone try and explain, what would happen in after my death in such scenarios?
 
^ I am no legal expert, but from what I have heard, the will is what gets the first preference. However if the male child contests the will, a judgement usually divides the property into two equal portions.
 
The Will gets the first preference..The legal right is passed on by the will..

If the will is in black and white, i dont see how the son can contest it, except on grounds that its ancestral or some other nooks, but thats a lawyers work..

Property matters are never clear..You never know wat twist the opposing lawyer comes out with..

I've seen a case go to supreme court after losing out in two previous courts..This was against retired judges, they tried everything in their power, but this lawyer, young guy really out did himself, i dont remember the exact case, but it was brilliant to hear how he actually turned the case on its head and won it for our family friend..
 
As a person who has gone through something similar, let me assure you that in case of your demise (God forbid), your wishes as per your will have to be fulfilled. If there is a legally recognized will in place, no one can deny its stipulations.
 
Party Monger said:
The Will gets the first preference..The legal right is passed on by the will..
If the will is in black and white, i dont see how the son can contest it, except on grounds that its ancestral or some other nooks, but thats a lawyers work..
Property matters are never clear..You never know wat twist the opposing lawyer comes out with..
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An appt isn't ancestral property if it was not built on the same. The remainder of what you said is right. Will wins out.

Other party could question the validity of the will, but if its registered then there are no grounds.

If its not registered, i'm not sure whether an argument can be made to invalidate it, if there are witnesses who will attest to it.
 
blr_p said:
An appt isn't ancestral property if it was not built on the same. The remainder of what you said is right. Will wins out.

Other party could question the validity of the will, but if its registered then there are no grounds.

If its not registered, i'm not sure whether an argument can be made to invalidate it, if there are witnesses who will attest to it.
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I have a property in form of a house. This is in a co-op housing society. The society nomination shows that the only nominee is the male child.
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Where does he say its and apartment, though you can easily assume..I just gave an example as to how a person can contest the will..
 
Party Monger said:
Where does he say its and apartment, though you can easily assume..I just gave an example as to how a person can contest the will..
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Sheru is in Mumbai, safe to assume that it is an apartment :p
 
Party Monger said:
Where does he say its and apartment, though you can easily assume..I just gave an example as to how a person can contest the will..
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He says

"I have a property in form of a house. This is in a co-op housing society."

I understood he owns an appt or more IN a co-op as opposed to owning the whole co-op.

The only way the will can be contested is if enough doubts can be raised as to its validity. If that challenge is successful then the property gets shared equally between the kids as in the case where there is no will, ie the aim of the challenge.

But if its registered or has the signatures of witnesses which would be the norm then i cannot see any challenges to its validity being successful. Usually the court cases come about when there is no will or its validity can be successfully challenged.
 
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