Will and Partition
M Satyanarayana
(Querist) 26 March 2010
This query is : Resolved
Sir,
I am having sister who got married long back in 1968 to my brother-in-law. At that time my brother-in-law owned their ancestor property. Due to bad habits and drinking my brother-in-law mortgage to a person A and the same person sold it B and B sold the same property to C. Due to financial problems my mother considering the SON-IN-LAW Position purchased the land from C. Through out this transfer my brother-in-law was permitted by subsequent owners to stay on the small portion of land. After my mother purchase my brother-in-law occupied the property. In the meanwhile my mother died intestate. I filed partition suit in the court. My brother-in-law claim the entire property as his ancestors property by virtue of bogus will and ancestral property bequeath the property mentioned in the will. Due to wrong counsel and connivance of our counsel we could not highlight the bogus will. Now the case is pending with High court.
My question is :
Is it right to mention ancestral property in the will by my sister (Brother-in-law)claiming the whole property. If that be case then why will is executed and bequeathed by my sister and not brother-in-law. He would have got it from their ancestors. What is validity of the will in the circumstances. How is the ancestors property reclaimed what is the condition.
After so many sale transaction of the land changing of ownership my sister (brother-in-law) can claim the property even after such transfer of property.
Can my sister claim the benefits of the will as well as the benefit of the Ancestral property of her husband (my brother-in-law)
Further I do have that the will in question is fake and fabricate and produced the evidence in the high court.
Please clarify whether my claim my mother's property. How can the court decide my claim in context of the will. I am being left out of the will.
I will be grateful for your kind advice.
Thanking you Sir,
Yours faithfully.
M.ST.
Guest
(Expert) 26 March 2010
If your mother has not left any will, then yourself along with other heirs of your mother are entitled for a share in the property.
With regard to the 'will' vide which your brother-in-law says that he inherited the property, why to contest the existence of the said will? Even if it is presumed that the will existed, then why he did not object the sale of the property by the mortgagor? As you have intimated there had been 3 transfers after the mortgage. If proper procedure had been followed, you can very well re-claim the property along with other heirs of your mother.
M Satyanarayana
(Querist) 26 March 2010
Sir,
My brother-in-law that is my sister's husband created a false and bogus will to entirely occupy the land. My sister through fake will claim that there is will and she will not share the property since the will is in favour of my sister.
The dispute between me and my sister is regarding the partition of the suit property. My brother-in-law want the entire property either through will or through ancestral property.
Please clarify me at this stage whether the court will consider the will or because of the ancestral property the land will go to my borther-in-law or my sister.
Please kindly clarify.
Thanking you,
Yours faithfully,
M.ST.
CLARIFICATION:
My sister's husband mortgage the said land in the year 1971 and the owner of the said land sold to another person in the year 1973 and another person sold to my mother in the year 1979. There is a gap of 31 years in total till the date. In the meanwhile my sister created a forged will and appropriate the land. Due to wrong counsel and not producing the facts the lower court favoured my sister. My mother died instestate without leaving any will.
How can I claim my share in the property.
Please advise me.
Thanking you,
M.ST
ad. creaminall
(Expert) 26 March 2010
what is the gap of period between each transaction? weather the person/s entered in to the transaction/s are related with each other or any one?
M Satyanarayana
(Querist) 27 March 2010
CLARIFICATION:
My sister's husband mortgage the said land in the year 1971 and the owner of the said land sold to another person in the year 1973 and another person sold to my mother in the year 1979. There is a gap of 31 years in total till the date. In the meanwhile my sister created a forged will and appropriate the land. Due to wrong counsel and not producing the facts the lower court favoured my sister. My mother died instestate without leaving any will.
How can I claim my share in the property.
Please advise me.
Thanking you,
M.ST
