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Priyanka (dr )     27 December 2015

Ancestral property , ancestral funds , will challenged

Dear Sir ,

I would like to seek an experts advises /Suggestion  from this forum as i see very good & helping  suggestions /guidance from the legal fertinity .

1) Case filled as property bought from ancestral funds after selling jewelley brough in partition(1947 India -Pak) , Property bought in 1972 .

2) Brother says , I have bought from property in the name of mother by his own funds , as i was saving money since 1962 from his service .

3) As propoerty was in name of Mother , She has done the registered WILL in year 1988 to his one Son .

4) After mother death Yr 2004 , son get the property muitated in his name by the way of WIL and mother death certificate .

5) Now in Year 2012 case was filled by one brother and  one sister for partition the property ,stating that the propoerty in ancestral and bought from ancestral funds earning after migrating from pakistan by Grand father .

6) We argued that WILL has been registered and propeorty has been transfered to one SON , now they have challanged the WILL in court stating that it is fake and fabricated by son .

7) Further states that , mother cannot write the WILL as she doesnt any rights to write a will , being property ancestral in nature .

8) Son sifted to  suite property in year 1979 , since then living with his own family till date .

9) Other brother is living in partent house and daughter in own house .

Please  suggest what is the nature of case , how things will move , sons favour , 

10 ) Also with the latest amendment of daughetr right in ancestral property applicable when father is alive , will help in this case .

Plantiff  havent produced any documents till dates , Please suggest me , I will be highly thankful to the team here .

Case  has been transfered to HC to kardooma court.

Regards

Priyanka 



Learning

 3 Replies

Kumar Doab (FIN)     27 December 2015

The first hand impression from the post is:

 

 

What is the opinion of your own lawyer that has examined all docs on record and inputs?

 

 

The WILL has been executed and acted upon and for many years there was no cloud on WILL.

There was no other point that to claim the WILL is fake and fabricated.

The court shall ascertain the WILL is genuine or not!

The property in the name of woman is her her absoloute property. She has given it by WILL. The WILL has been executed and acted upon and for many years there was no cloud on WILL.

 

The matter is in court and contest it on merits.

 

 

 

 

Priyanka (dr )     27 December 2015

Dear Sir, My replies is as follows 

What is the opinion of your own lawyer that has examined all docs on record and inputs? < Plantiff has not given any documents , our lawyer said , WILL has been challanged by them and we have to prove the genuiness of WILL ,> 

The WILL has been executed and acted upon and for many years there was no cloud on WILL. <  When we started construction in 2012 , Every one stand up asked for there share in property  , and they also said that they were not aware on any WILL by mother , > 

There was no other point that to claim the WILL is fake and fabricated.< 

The court shall ascertain the WILL is genuine or not!< Now how court will decided the genuiness of WILL ,  IT  was registered in 1988 and mother died in 2004 > 

The property in the name of woman is her her absoloute property. She has given it by WILL. The WILL has been executed and acted upon and for many years there was no cloud on WILL.< in year 2012 plantiff raise  the issue to divide the property ,and they files the partition suite in HC , > 

 

The matter is in court and contest it on merits.< Sir , please suggest what are the points of MERITS , as we are unable to understand what will happen and  in which direction the case in going > 

Case was filed on the ancestral property as it was bought from ancestral funds  and now they are challanging the WILL , We have shown that my father is working since 1962  and he saved money to buy property in 1972 .

My father is really worried , so seeking your suggestion , How things can be turned in our directions .

regards 

priyanka 

 

 

Kumar Doab (FIN)     27 December 2015

You have posted that:

---"After mother death Yr 2004 , son get the property muitated in his name by the way of WIL and mother death certificate ."

 

The property and cpurt case is probably in Delhi.

 

In Delhi it is not manadatory to probate the WILL.

The authority under whose jurisdiction the property falls e.g; DDA,MC have a set procedure to transfer the proeprty in the name of benficiary of WILL say : NOC by all other legal heirs/family members, advt in newspaper for inviting objections..............on WILL etc............

 

This can be produced on record.

 

The witnesses in the WILL can appear before court to prove on authenticity of the WILL.

 

 

---"We have shown that my father is working since 1962  and he saved money to buy property in 1972 ."

" Brother says , I have bought from property in the name of mother by his own funds , as i was saving money since 1962 from his service ."

 

It is brother or father?

Your father or brother  can produce the evidence required by court.

 

---"Case filled as property bought from ancestral funds after selling jewelley brough in partition(1947 India -Pak) , Property bought in 1972 ."

 

" Further states that , mother cannot write the WILL as she doesnt any rights to write a will , being property ancestral in nature ."

"Now in Year 2012 case was filled by one brother and  one sister for partition the property ,stating that the propoerty in ancestral and bought from ancestral funds earning after migrating from pakistan by Grand father ."

 

The onus is on them to prove.

The court may agree that the property given to woman becomes her absoloute property.

 

Rest your own lawyer that has examined all docs on record and inputs can advise you further.

 

 

 


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