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ASR   26 January 2017

Unregistered will being questioned

Respected Experts, 

I would like to get legal advice for the below mentioned query.

My father died at the age of 96 leaving unregistered will for self acquired property land and house. In the same he equally divided the land and house amongst me and my brother . I have two sisters for whom he gave twenty lakhs cash each and no share in the land or house to be given besides this. As per his last wish in the will, my mother was  not given any share in the property and house since she is 93 yrs old and my father wished she shud stay in the same house with both son's to look after her equally. The will was kept with my father's younger brother who was also one of the two witnesses alongwith my cousin, and was to handover the same to us on his demise. Upon his demise, when given to the revenue authorities for mutation of the land and house, my sisters gave an application questioning the will and asking for equal shares to them. As per them , the property should be divided in five shares including my mother to which my mother has strongly refused and rebuked the daughters. I would also like to bring to your notice that One year prior to this will , my father had made another will in which he had specified regarding the division of each and every property. The land to be divided amongst me n my brother equally however choice of share to be decided by me honouring my service and looking after my parents single handedly and house to be divided in three equal shares ie: one for me , my brother and one for themselves and to be given to me on their demise to honour my looking after them. 

Despite, amicable efforts to satisfy my sisters in cash for the family honour their demands have become unreasonable hence asking for bigger chunk in the form of land. 

Kindly advise as the lower court has now fixed hearing and asked all legal heirs to be present . Are my sisters justified in their demands? What are the chances of this will being honoured by court? Status and role of the previous will now or if god forbids present will not being honoured by court due to some reason or the other. 



Learning

 3 Replies

S.MUTHUKUMARASWAMY   27 January 2017

You have Good Chances to prevent your House. It's a self hand property of your father and he have rights to give it anybody, however you got by will. And if this is a one and only one Dwelling House means this house will belongs to by laws. Even though you have sisters, the one and only Dweling House will belongs to you only. Better state this point to your counsel and ask the laws fall in what and The House is on your position and enjoyments more then 13 years.

S.MUTHUKUMARASWAMY   27 January 2017

Better check with your counsel, That there is any possibility to Brobate the Unregistered will in the court, if yes make it immediately.

S.MUTHUKUMARASWAMY   27 January 2017

The below news will help you. Home India Supreme Court sets 2005 cut-off on women right to ancestral property The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. WRITTEN BY UTKARSH ANAND | NEW DELHI | Published On: November 2, 2015 3:54 Am

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