Registering a will is not mandatory, nor does it offer any guarantee that it will not be opposed. So, a registered will can be contested in a court of law.
Can I stake a claim to my father’s self-acquired property? He wanted to pass it on to my only brother, but died before he could make a will. Who else can have a legal right to this property? — Sameeksha Sinha
Since your father died intestate, that is, without making a will, all the legal heirs, including you, your brother and your mother, will have equal rights over the property. If he had made a will making your brother the beneficiary of the property, you would have had no legal right over the said property.
Is it compulsory to register a will? Can a registered will be contested in a court of law? — Sachin Usgaonkar
Registering a will is not mandatory, nor does it offer any guarantee that it will not be opposed. So, a registered will can be contested in a court of law. Despite this, it is advisable to register a will as it increases the document’s authenticity since it has been approved by a government official. Besides, it minimises the grounds on which it can be challenged. If there are no disputes in the family, it also ensures a smooth transition of assets as per the wishes of the testator.
Here a few articles on estate planning that can help you understand better the process of transfer of assets upon a person’s death.
If a Hindu male dies without a will, the father is not his immediate legal heir
When a Hindu male dies intestate (i.e., without a will), his assets will be transferred to the immediate legal heirs. In the case of a married Hindu male, the assets (such as property, mutual funds, bank accounts etc.) will be given to his widow, his children, and other immediate legal heirs in such manner as provided in the Hindu Succession Act, 1956. Other than the widow and children, in the eyes of the law, who are considered as legal heirs? Click here to read the story.
Why nominee is not your legal heir
Regrettably, the words ‘nominee’ and ‘heir‘ are commonly understood to be synonymous. However, from a legal standpoint the two concepts are entirely different. Click here to know the difference.
When is a daughter legal heir of her parent’s assets and when she is not?
In a judgement pronounced in August 2020, the Supreme Court said that a daughter will have an equal share in inheritance as a son regardless of when she was born and whether her father was alive or not when the Hindu Succession Act was amended in 2005. Therefore, any assets, either self-acquired by parents or by way of ancestral property, that a son is eligible to inherit, a daughter is legally eligible to inherit as well. So, does it now mean that under no circumstances can a daughter be denied her legal right over her parents’ assets? After speaking to legal experts, ET Online found out that even now there can be situations when a daughter is not the legal heir of her parents’ assets. Here is a look at when a daughter is a legal heir of her parents’ assets and when she is not.
Shares, FDs, property, mutual funds: If 1st holder dies will joint holder get money or nominee?
What happens in the case of a joint/Either or Survivor holding of an asset? After the death of one of the asset holders, to whom the money will be transferred — will it be the nominee or the surviving joint/other holder(s)? Here’s a look at how transfer of money works in such a scenario for various assets. However, according to experts, irrespective of whether the money is transferred to the nominee or to the surviving joint holder, the rightful owner of the asset in the event of the demise of one of the holder will be the legal heir(s) of the deceased person only, unless specifically mentioned in a will. Read the full story here.
(Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.)