My grandfather had purchased a plot in my father’s name and built it for residential purposes. My father died in 2013, leaving behind the house and an unregistered Will. We are two brothers and one sister and my father has not given any share to my sister in his Will. I have two questions. First, do daughters have rights in such properties, especially ones that yield substantial rent? Second, can an unregistered Will be challenged? We live in Delhi.
—S.P. Sharma
I have assumed that your father was Hindu and accordingly the Hindu Succession Act, 1956 would apply to him. As per Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition, any property which is capable of being disposed of by him/her, in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force applicable to Hindus.
I have also assumed that the house/property does not form part of any Hindu Undivided Family (HUF) property, and was in your father’s own name. In view of the provisions of the Hindu Succession Act, 1956 read with the provisions of the Indian Succession Act, 1925, he would be entitled to bequeath his right, title and interest in the house/property to you and your brother.
Accordingly, if your father made a valid Will, which has been duly executed in the presence of two witnesses, then the Will would be valid and you and your brother would be entitled to the property even though your sister has not been given a share.
While it is possible to contest a Will, the challenge is usually limited to grounds of execution/production of a subsequent Will and/or allegations of fraud, forgery, undue influence, coercion, lack of testamentary capacity and due execution.
Lastly, please note that if your sister is unmarried, (she would be considered to be a dependent of your father) and if she did not inherit any property/asset from your father’s estate, she would be entitled, subject to the provisions of the Hindu Adoption and Maintenance Act, 1956 to be maintained by the heirs of your father (that is, you and your brother, assuming that you are the only heirs).
