Background Mr A (Son of Mr X & Mrs Y) is married to Mrs B and they have two children Mr P & Mr Q (both married adults) . Mr Q has two sons Mr R & Mr S ( 13 & 16 yrs) . All are Roman Catholics. All the members of this family share excellent and caring relationships and there is no property or other disputes between these family members. Mr A also had a sibling Mrs Z ( sister ) , Mrs Z passed away a few years ago. Mr X had bought / leased a property through Mulagani between 1965 to 1976 in Mangalore. There is a house on this property. Mr X passed away in 1976 and the property was transferred to his wife Mrs Y. Mrs Y passed away in ~2015 and the property is now being transferred to Mr A ( errors in land paper work being addressed) Mrs Z ( Sister of Mr A had given a document claiming she had no interest in the said property. None of Mrs Z’s children have made any claim so far on the property. Scenarios & Queries Scenario 1. : If Mr A passes away without a written ‘will’ in place Query 1. : Who will stand to inherit the property ? Query 2. : What typical laws would apply in this case ? Scenario 2. : If Mr A passes away with a written ‘will’ in place , leaving all his possessions to Mrs B ( wife) . Query 1. : Will the property go to Mrs B or will some other law override the will . Scenario 3. : In the event that all property is left to Mrs B and Mrs B has signed as guarantor for a loan for a 3 rd party, and the 3 rd party fails to keep its commitments with the bank. Query 1. : Can the banks take custody of the said property to recover their dues. Query 2. : In such a circumstance , is there any way Mr P & Mr Q ( Sons) can challenge / prevent this action by the banks Scenario 4. : Considering Scenario 1 & Scenario 2 Query 1. – can any children of Mrs Z stake claim to the said property. Scenario 5. : One child of Mrs Z (let’s call him Mr L) , may have access to some blank signed documents , entrusted in him by Mr A for managing some of his bank transactions in the past. Mr A and his family share cordial relations with Mr L. Mr A doesn’t wish to ask Mr L to return or destroy the documents for fear of loss / damage of relationship. Query 1. : Can these documents be used by Mr L to stake claim or claim promise of share by Mr A to Mr L. Query 2. : Is there any legal way via notarized affidavit etc , that can be issued by Mr A unilaterally , to make use of such document void.
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On demise of A his wife and 2 sons would inherit the property
2) provisions of Indian succession act are applicable
3) as per will only wife would be beneficiary
3) bank can sue B to recover loan amount attach the property and sell it to recover dues
4) if z had relinquished her share in property her children have no share in property
If X was the title holder to the property with clear and marketable title then after it was transferred to Y after his lifetime, it shall devolve on Y's heirs, i.e., on A the lone survivor of Y, upon the intestate death of Y.
1. If A is reported to have died intestate then the property shall devolve on his own legal heirs as specified in the law.
2. The provisions of Indian succession law shall be applicable.
Scenario 2;
1. Now upon the death of A, who had transferred the property by a testamentary disposition i.e., by a Will to his wife B, she shall be the absolute owner of the property by virtue of the Will.
Scenario 3:
1. The bank cannot take the property into their custody if the property was not given as a collateral security by the guarantor, the bank has to approach seeking attachment of the property lying on her name for the reasons that the bank may rely upon.
2. P & Q has no role to play in this because they do not have any rights or interests in the property especially when the property was bequeathed to Mrs. B through Will.
Senario 4:
Under the question of scenario 1 the property devolves on all the legal heirs of deceased A, however under scenario, Mrs. B becomes an absolute owner of the property by virtue of the Will as a beneficiary of the said Will.
Scenario 5:
1. Until it is not known that the said document is a legally valid one, no opinion can be rendered, if it was just a piece of paper without any legal value to it, then L's claim over the movable assets may not be maintainable especially if the legal heirs challenge the same in court of law.
2.It is pertinent to peruse the document to render any further opinion on that.
scenario 1:
1. B, P and Q
2. Indian Succession Act, 1925
scenario 2:
1. Will would prevail provided it is a true and genuine Will of A and is proved in Court [in the event of there being any challenge to such Will as regards its authenticity]
scenario 3:
1. if principal borrower defaults, then the bank will go after the guarantor. Actually the liability of the borrower and guarantor is co-terminus. It is not that on default of the borrower only, the bank has to follow the guarantor. The bank in its discretion can even follow the guarantor and his property
2. children of B can save the property only if they pay the dues of the bank
scenario 4:
1. NO. There is a NOC of Z on record by which she has released her right in the property. So her children cannot claim unless they can prove that such a NOC was obtained from their mother by fraud, coercion, etc.
scenario 5:
1. this query should be asked to an astrologer. How can a lawyer know what a particular person will do or what's there in his mind. However human nature is not infallible. Greed may prevail over L. Who knows!
2. Just send a casual message to L over whatsapp saying - 'hey i remember i had given you some blank signed papers. Please destroy them. I think they will not be needed. Thanks so much for your support.'
Dear Sir,
1. According to Scenario 1, after demise A, B (wife), and 2 sons would inherit the property. Also the Indian Succession Act will be applicable.
2.If will is executed in the name wife, then only wife is entitled
3. if the property is given as collateral for loan, then only bank can attach such property. P & Q don't have any right or interest over such property.
4. Children can only have the property if scenario 1 exists, according to scenario 2 wife becomes the absolute owner.
5. Cannot determine any opinion beforehand. The claim will not be maintainable in the court
thank you
1. After the death of Mr A intestate , his property would be devolved upon his all legal heirs i.e. wife and children equally
2. If there is a WILL in the name of Mrs.B in the presence of two witnesses , then none having right to claim over the property
- Further, if the said WILL is not probated , then other legal heirs can challenge the said WILL
3. A guarantor is equally liable to pay the loan amount to the bank , if borrower default
- If the property is mortgaged as a guarantor , then bank can take custody for recovering its dues amount.
- They can file a partition suit before the court for getting their share if the WILL is not probated from the court.
4. After the death of legal heirs , his son having right to claim on the same ground.
- If Mr Z has relinquished his share after registering a relinquishment deed from the office of registrar, then he cannot claim
5. cannot comment without checking the validity of those documents
