Father will
Querist :
Anonymous
(Querist) 12 March 2020
This query is : Resolved
I am living in a government allotted (allotted to my father) house for 99 years lease, father expired in 2011. My father make 2 fixed deposit of 4,50,000/- each, one sister got full share, and other fixed deposit share by two sisters.
My father signed a will in the year 1995, in the name of me (son) which is not registered and witnessed by two friends of my father, which are expired, my father sign is there that portion is cut due to fold, i want to ask it valid will or not,
Will is in 2 pages on first page my father signed in vertical with 2 witnesses also. this will is not registered.
Now my 3 sister's are threatening me that they will put a case against me, My parents give them after marriage of all the three sister in 2009 5lakh to each sister and 5 grms of gold, and clearly mentioned that this house belong to my son and in the will he write that i have married my all three daughter's in good family and spend more than my capacity. my father has 3 houses in delhi 2 were sold at the time of 2 sisters marriages.
Raj Kumar Makkad
(Expert) 12 March 2020
When the said wil came to your knowledge?
Querist :
Anonymous
(Querist) 12 March 2020
2 months back there is secret locker under the steel almiraha where i found a bag in which this will and other documents are there. Father signature are on 2nd page also but paper cut where 2nd witness signature signed due to fold of paper that leather bag was full of papers when I withdraw this paper which is will, which I don't know.
Raj Kumar Makkad
(Expert) 12 March 2020
Though there is no mandatory requirement of the will to be registered but such will is required to be probated especially when a long period has elapsed since the demise of your father.
You have no other option but to file a civil suit for declaration of ownership of entire property by way of the said will which is required to be duly proved as per evidence act provisions. Engage a prudent lawyer in this matter.
Rajendra K Goyal
(Expert) 13 March 2020
Proceed to get the will probated.
Registration of will is not mandatory.
P. Venu
(Expert) 14 March 2020
Where is the property situated? Is the property under 99 years is lease the land or the land along with the building?
Querist :
Anonymous
(Querist) 14 March 2020
It is Double Storey Quaters in new Delhi built in 32 Sq. Yd. by Government of India under the ministry of L&do. allotted to father in the 1953 under rehabilitation Quota after partition.
Raj Kumar Makkad
(Expert) 14 March 2020
This is the self acquired property of your father so he was fully competent to make his will. File a civil suit as already advised.
Rajendra K Goyal
(Expert) 15 March 2020
You can proceed to get the will probated and get the property transferred in your name on the basis of will.
However, as the property is in Delhi, where it is not necessary to get the will probated, you can proceed to get the property transferred in your name.
If the will is defaced it would be better to get it probated.
T. Kalaiselvan, Advocate
(Expert) 16 March 2020
You can apply for probate of Will so that any challenge by other legal heirs can be confronted as per provisions of law .
Provided the witnesses who attested your father's signature are to be alive and depose evidence before court confirming the Will.
Querist :
Anonymous
(Querist) 16 March 2020
If both witnesses had expired where WILL stands in court, I just want to know can I fight case with my sisters, they also know that father signed WILL in my favour, pl. reply.
Rajendra K Goyal
(Expert) 16 March 2020
Will can be probated even if both the witness have expired.
Querist :
Anonymous
(Querist) 27 March 2021
I got notice 15 days back from my elder sister through her advocate that our father signed no will therefore the property should be divided into 1/4 share to each one and she come to know from a reliable source in Feb. 2021 that I going to sell this house on forged documents so it is a criminal act, I have no intention to sell. I am living in my father house with my wife son and daughter-in-law, she and other sister knows that our father had signed will in 1995, she said I forcibly entered the premises after the death of mother expired in 2013 father expired in 2011 but I am living with my father when he was ill I took him to AIIMS but he had head injury as per doctors told me to keep him at home at that time, his age was 83 at that time, very weak subscribed medicines. Now sister demanding 12 lakhs I offered her 4.5 lakhs as she is my sister and the family should not go to court. What should I do? Can I go for probate now or it is not possible after advocate notice? I illegally occupied 300 sq. ft. of vacant space in front and back side. everyone illegally occupied, actually two rooms allotted covered area 288 sq. yd.
As per your view II should not go for probate of will at this moment
Now through negotiation my sisters now come down and asking for 7 lakhs each to three sisters should I pay or fight case, total values of house is 50/- lakhs (with unauthorized construction) for unauthorized construction I have to also bear all penalties. Please answer.
P. Venu
(Expert) 28 March 2021
You may reply to the Notice setting ot the facts.
