Inherited Property Law: What Happens to Property Received Through a Will? Who Really Gets the Wealth? Know the Legal Rights of Heirs

Property inheritance in India is a sensitive subject. When a person passes away, questions arise about who gets the property, how it should be divided, and whether family members such as sons, daughters, wives, or siblings have rights in it. These issues often create disputes within families, especially when there is a registered Will (मृत्युपत्र) in place that gives property to one person and excludes others.

Let us understand this issue step by step, with a real-life inspired example:

👉 A father executed a registered Will giving his entire property to his son. The Will mentioned that the daughter had already received her share during her marriage, so nothing was given to her. The son is also the executor of the Will. Now, the son is wondering:

Does his sister have any rights in this property after their father’s death?
Does his wife or children have a share in this property during his lifetime?
What does the law say about such situations?

This article explains everything—from the meaning of self-acquired property, the rights of heirs, the importance of probate, and the role of nomination versus Will—so that you clearly understand the legal position.

Inherited Property Law: What Happens to Property Received Through a Will? Who Really Gets the Wealth? Know the Legal Rights of Heirs

1. Understanding Self-Acquired vs. Ancestral Property

Before discussing inheritance, it is very important to understand the difference between self-acquired property and ancestral property.

Self-acquired property: Any property that a person buys, receives as a gift, or inherits through a Will is considered self-acquired property. The owner has complete freedom to decide what happens to this property, including the right to transfer it through a Will.
Ancestral property: This is property that passes down undivided from four generations of male lineage in a Hindu Undivided Family (HUF). Every coparcener (son, daughter, grandson, granddaughter) has a birthright in ancestral property.

👉 In our case, the property was originally owned by the father. He created a Will and gave it entirely to his son. Once the father passed away, the son received it through the Will. This makes it self-acquired property of the son.

That means the son has full control over it, and during his lifetime, no one else—including his wife, children, or sister—can claim a legal right in it.

2. What is a Will and Why is it Important?

A Will (मृत्युपत्र / इच्छापत्र) is a legal document in which a person (called the testator) declares how their property should be distributed after their death.

Key points about a Will:

Any mentally sound adult can make a Will for their self-acquired property.
A Will does not require stamp duty, making it cost-effective compared to other legal documents.
Registration of a Will is not mandatory, but registering it reduces chances of disputes.
A Will must be signed by the testator and two independent witnesses (who are not beneficiaries).

👉 A registered Will carries strong legal validity, but even an unregistered Will is valid if executed properly.

3. What is Probate and When is it Necessary?

Probate is a legal certificate issued by a court, declaring that a Will is genuine and valid.

In cities like Mumbai, Chennai, and Kolkata, probate is compulsory if a Will relates to property located there.
In other places, probate is not mandatory but still recommended for legal clarity.

Until probate is obtained, the property cannot be transferred in the beneficiary’s name.

👉 In our example, since the property is in Mumbai and the Will was executed there, the son must first obtain probate from the court. After that, he can transfer the property legally in his own name.

4. Does the Sister Have a Right in the Property?

This is the most common question in inheritance disputes.

If there is a valid Will, the property will be distributed according to the Will, not by general inheritance law.
Since the father’s Will clearly states that the daughter is not given a share, and everything goes to the son, the daughter has no automatic right in the property.

However:

The sister has the legal right to challenge the Will in court if she believes it was made under pressure, fraud, or when the father was not in sound health.
If she challenges, the burden of proving that the Will is valid falls on the son (the executor and beneficiary).

👉 If the Will is upheld as valid, the daughter gets nothing. If the Will is proved invalid, then property is divided equally among all legal heirs under the Hindu Succession Act, 1956.

5. Do the Wife and Children of the Son Have Rights?

Another common doubt is whether the wife and children of the son automatically get rights in the property during his lifetime.

The answer is No.
Since the property is self-acquired by the son (received through Will), he is the absolute owner.
His wife and children cannot claim any legal share in it while he is alive.

But after his death:

If the son dies without making a Will, the property will pass by intestate succession under the Hindu Succession Act. His Class-I heirs (wife, son, daughter, and mother if alive) will get equal shares.
If the son dies with a Will, the property will go as per his wishes in that Will.

👉 Therefore, if the son wants clarity, he too should prepare a Will in future.

6. Nomination vs. Will – Which Has More Power?

Many people think that making someone a nominee is enough. But nomination is not ownership.

A nominee is only a trustee or caretaker of the property until the legal heirs claim it.
A Will overrides nomination. This means even if a property has a nominee, the distribution will follow the Will.

👉 Example: If a father nominates his daughter but makes a Will in favour of his son, the Will prevails.

7. Can a Will Be Changed?

Yes, a Will can be changed multiple times. Only the last valid Will is enforceable.

A new Will automatically cancels previous Wills.
It is recommended to destroy old copies when a new Will is made to avoid confusion.

8. Practical Tips to Avoid Family Disputes

Property disputes often turn bitter. To avoid long legal battles, families should:

Register the Will – not mandatory, but highly advisable.
Keep medical certificates – to prove the testator was of sound mind.
Communicate openly – sometimes, explaining reasons for distribution helps avoid bitterness.
Update the Will regularly – after major life events like marriage, birth of children, or new property purchase.
Go for family settlement agreements – in cases where disputes arise, amicable settlement is better than court battles.

9. What if the Sister Challenges the Will?

If the sister is unhappy, she can file a civil suit to challenge the Will. Common grounds include:

The father was not of sound mind.
The Will was made under undue influence or fraud.
The Will is forged.

In such a case:

The court will examine witnesses, doctors (if medical certificate exists), and handwriting.
The executor (son) must prove that the Will is genuine.

👉 Courts generally uphold registered Wills unless there is strong evidence against them.

10. Conclusion – What Does the Law Say in Our Case?

Let us answer the original question directly:

The son has absolute ownership of the property because it came to him through a valid Will.
During his lifetime, his wife, children, or sister cannot claim any share in this property.
The sister can only challenge the Will in court, but unless she proves it invalid, she has no rights.
After the son’s death, the property will pass according to his own Will (if he makes one). If he doesn’t, then his wife and children will inherit equally.

✅ In summary: Property received through a Will is treated as self-acquired property of the beneficiary. No one else can claim rights in it during his lifetime. Only the Will decides the distribution, unless challenged and proved invalid.

Search This Blog

Indian Tycoons