will is valid infavour of concubine ?

[srinivasa reddy]

Sir,

A person (Hindu) has got wife ,un married minor daughter and deserted sister in his joint family, his father died intestate after commencement of Hindu succession act,1956 .he has got ancestral prperty and died in the year of 1984 in Andhra Pradesh. There is no partition between his sister and himself after death of their father.

That person executed a unregistered will in favour of his concubine and his illegitimate children entire property including dwelling house also before 2 days prior his death

1. Whether the unregisted will is valid infavour of his kept-mistress and her minor illegitimate children entire property ? the same was executed forcibly after neck-out of wife and minor daughter.

2. What about the rights of deceased wife and unmarried minor daughter in the ancestral property ?

3. What about the rights of his sister in the joint family property ?

Regards,
KS REDDY

[Dr. Ashok Dhamija]

Firstly, a person can make a will only in respect of his own property. Section 59 of the Indian Succession Act, 1925 says that “Every person of sound mind not being a minor may dispose of his property by will.” If there is an unpartitioned joint property, he can make a will only in respect of his own share of such property, and not of the whole property.

Secondly, will can be made in favour of any person who is capable under law to hold property. Therefore, legally speaking, will can be made in favour of concubine if one is disposing of his own property.

Thirdly, registration of a will is not compulsory under law. It is optional. Therefore, even an unregistered will may be considered as valid if it is otherwise a genuine will.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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