Daughter"s Share In Property after Signing as witness will
Rachna kapoor
(Querist) 20 August 2009
This query is : Resolved
I thanks all the experts for their Opinion,
Perhaps I was not able to give clear picture . So I am writing in more detail.
1-FATHER got property BY CLAIM after Partition of India & Pakistan under Rehabitaion.
2-This property was claimed by him and after contesting case in Supreme Court it was given his naame.
3-Property in Pakistan was given to him by his grandfather(Maternal),when he won some lottery, and he bought house in my father's name>( I dont have proof of this)
4-My mother expired recently. within few days,father made a will in which he gave his property, Bank accounts etc everything to my brother. Not a single paisa to his two daughters.
Since it was death time he emotionally blackmailed and forced his both daughters(me and my sister) to sign as witness in the will and got it Registered in registration Office in Delhi.There both the sisters signed in front of registrar,with thumb expressions and live photograph taken there at ASAFALI Road at Delhi. With every legal formality required .
Immediately after completion of WILL REGISTRATION both father and Brother changed and dinot want to keep anyrelation with daughters.
Now I wish to know
4 HOUSES ARE FREEHOLD AND ARE IN THE NAME OF FATHER
1-If daughters sign as witness to the will made by father ,does that make them unauthorised to claim in property.
Father doesnot want to give share to daughters .
2-Father is alive. Can daughters take back their witness?
3-Do daughters still have right to property.
4-Does signing in as witness makes them surrendering their right to property.
5-How can they claim their right to property.
Both father and brother have broken all relations with daughters after getting their signature after the death of mother.
What is the procedure . Please guide.I shall be highly Obliged if any one can suggest any way to get my Right.
Thanks
R.R. KRISHNAA
(Expert) 20 August 2009
I understand your problem. Since you and your sister have signed as a witness there is little you can do in this matter.
Since it is the father's self acquired property he has all rights to give it to your brother. How can you question it?
But on the ground of coercion (that the signature on the will obtained by force) you can challenge the will before the court. For which you have to file a civil suit to declare that the will is null and void as it is obtained through force.
Your querry also does not disclose or reason out why your father has not provided you and your sister any share in the property. If there is any problem between yourselves and your father and brother, try to sort out the same through discussion.
Looking at the facts of your case, if you are resorting to court proceedings to challenge the will certainly it will be very difficult for you to prove coercion in the court.
Rachna kapoor
(Querist) 20 August 2009
Thanks,
No there was certainly no problem between any of us. Its just that my father believes that girls are not part of family they are paraya dhan and son is and should be given property . On the contrary son lives in CANADA ,Its daughters who take care of family and parents health problems and also take care of brothers' local problems of bills, taxes and other routine works.He came on the death day of mother and left after will and ritual formalities were over. His wife and children did not visit. AND THEY EVEN STOPPED CONTACT ON PHONE AFTER WILL.
aNYWAYS. IF ANYTHING CAN BE DONE THEN PLEASE LET ME KNOW. WE FEEL CHEATED AND INSULTED.
Shyam Ji Srivastava
(Expert) 31 August 2009
Dear Rachna,
you have equal right in your father`s property. Only sign as witness doesnt mean that you have left your share.
Where is your father? In India or Canada?
You also try to collect certified copies of the documents with the help of any Junior Advocate and keep patience.
if any other answer is required plz do not hesitate to contact on this site.
Shyam Ji Srivastava
Advocate
098390-28040
Rachna kapoor
(Querist) 31 August 2009
Hello, Thanks for reply,
My father is in India, in NEW DELHI.Brother and family is in Canada.
Can you please specify which Documents I should collect. And what next I should be doing.
Regrds,
