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William (self emp)     01 November 2011

Property dispute

My father expired a few years ago leaving behind our family house (not in a building but under a housing society in MUMBAI). My mother too is no more. No one stays in the house. The agreement is in my father's name.

My father had made a WILL stating that all his 6 children (4 elder daughters & 2 younger sons, all married) will get an equal share in the property. I am one of the sisters. However, I recently came to know that my youngest brother (youngest of the 6 siblings) somehow convinced/tricked my father to make a fresh WILL stating only the 2 brothers as the beneficiaries.

I suspect foul play. I do not have any documents with me. My youngest brother has all the documents and he will not give them to me.

I recently met the secretary of the housing society. He told me that the agreement is still in my father's name. Also, the share certificate is not yet issued by the housing society.

Questions:
1. How can the sisters legally claim their share?
2. The secretary of the housing society told me that since my dad is no more, we must transfer the house in ONE persons name with the others as the nominees. Is this true? Can't the title be in the name of 3 or more persons?
3. Is there any connection between the house ownership and the ration card. The ration card has only one name: my youngest brother's name, since all others got married and left the house before him. The secretary told me the title usually goes in favour of the person whose name is on the ration card. Is this true?
4. Legally all 6 are heirs, but does the latest WILL carry more weight?

Thanks in advance.



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 November 2011

In the given matter, it is advised to approach a civil court and file suit for partition and possession and let your brother bring alleged second will in his written statement, wherein you demand to produce original alleged will on cour file and after duly veifying all aspects, challenge it in replication on all avialable grounds. There is no relationship of ration card with tthe ownership of flat.

Satish Solanki (Talathi/Patwari)     03 November 2011

1. Who is eligible for purchase of agriculture land in union terotry?

2. Without varsai sale deed is execute?


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