Daughters will not get a share in father's property, know the court's shocking decision Supreme Court Rules
Supreme Court Rules - Disputes over wills are not new in Indian families. Often such cases come to the fore, where one or more members of the family are not satisfied with the decision of the will. Recently a case came to light in which a father did not give any share to his daughter in the will, and the matter reached the court. The court has issued a final order on this in 9 important points which can become an example in all such cases.
What are the legal aspects related to the will?
In India, a will is a completely legal document, by which a person can direct the division of his property. But when an heir is deliberately excluded in it, a situation of dispute arises. The court then looks at whether the will was prepared validly, whether anyone was pressurized, and whether all the legal rules were followed.
9 orders of the court – important thing hidden in every point
The court has said 9 clear things in this case:
Whether the will is legally valid or not – this is confirmed first.
It is necessary to check the rights of other heirs excluded from the will.
If there is any kind of mistake in the will, then it has to be proved.
The testimony and statements of family members are very important for the court.
What was the purpose of the will and who all have benefited from it, it will be seen.
Has anyone been given undue advantage?
The will will be evaluated from both legal and moral perspective.
If necessary, the court can suggest some legal steps.
Finally, the court will give instructions to implement its decision.
How can a will be challenged?
If a person is not satisfied with the will, then he has the option of going to court. For this, first one should take advice from a good lawyer, then prepare the documents and file a petition in the court. In the court, witnesses, documents and circumstances are studied throughout the process.
What are the reasons for disputes in a will?
It is often seen that unequal distribution of property in the family, emotional bias or unclear language of the will causes disputes. Many times old documents, differences and lack of court knowledge also worsen the situation.
How to avoid disputes?
The most important thing is that the will is written in transparent and clear language. All beneficiaries should be informed and efforts should be made to maintain consensus in the family. Reviewing the will from time to time can also be beneficial.
How is the validity of a will determined?
The court usually sees whether the will has been prepared freely, without pressure and under the correct legal process. In this, the presence of witnesses, the condition of the document and impartiality are very important.
In this case, the court showed that if someone has been deliberately excluded from the will and there is any irregularity, then that person can get his rights with the help of law. At the same time, if the will is completely valid, then the court upholds it.
This article has been prepared for general information purposes. The information given in it is not legal advice of any kind. If you are facing any problem related to will or inheritance, please seek personal consultation from a qualified lawyer.