Daughter"s Share In Property after Signing as witness will
Rachna kapoor
(Querist) 19 August 2009
This query is : Resolved
If daughters sign as witness to the will made by father ,does that make them unauthorised to claim in property.Father got property through claim after partition. He doesnot want to give share to daughters and willed the whole property to his son and forced and emotionally blackmailed and made daughters sign as witness in registered will. with all the legal formalities at registration office with photographs etc.
Father is alive. Can daughters take back their witness?
Do daughters still have right to property.
Does signing in as witness makes them surrendering their right to property.
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.
A V Vishal
(Expert) 19 August 2009
A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator.
Under Parsi and Christian law, a witness cannot be an executor or legatee. However, according to Hindu Law, a witness can be a legatee. A Muslim is not required to have his Will attested if it is in writing.
Since, the father has got the property out of partition of ansectral property he has no right whatsoever, to will the same to the son, as per the Hindu Succession amendment act, the daughters have equal share in the property. You have every claim over the property.
Adinath@Avinash Patil
(Expert) 19 August 2009
your father got ancestral property,hence will executed by your father is invalid.your father is alive hence the said will is not binding upon you.You can take legal action agaist your father& brother.
n.k.sarin
(Expert) 19 August 2009
agreed with both the expert.
Rachna kapoor
(Querist) 20 August 2009
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 in his naame.
3-Property in Pakistan was given to him by his grandfather(Maternal),when he(grand father) won some lottery, and he bought house in my father's name>( I dont have proof of this)I was told by my family.
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 .All required legal formalities were done with identity cards varified.
Immediately after completion of WILL REGISTRATION both father and Brother changed and did not want to keep any relation with daughters.
Now I wish to know
FOURS 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.Means they cannot claim their right to property as given to daughters under law in 1956.
Father doesnot want to give share to daughters .
2-Father is alive. Can daughters take back their witness?If( bayan )STATEMENTS GIVEN IN COURT CAN BE TAKEN BACK THEN WHY WITNESS CANNOT BE TAKEN BACK.?
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
