Will
preet
(Querist) 30 January 2011
This query is : Resolved
My mother has been expired in 1996. She was the owner of a residential house (self acquired). But she did not make any will.
We are the three legal heirs of my mother property, i.e. my father, my brother and I.
On 13.10.2008 we want to transfer the property on personals names. We went to Estate office and gave a letter for transfer. The property was transferred on 12.01.09.
In the meantime on 19.11.2008. My father make a will and give his (My father) Share to his son (My brother) without my Knowledge. And In that will my father transfer his share to my brother.
In May 2009 I and my brother sign an affidavit to my father because my father wants to take a loan from bank. But the loan was not sanctioned due to some circumstances.
Suddenly, In April 2010. My father has been expired. Now, my brother said to me, he is the owner of the full house because I am signed an affidavit. But I said to my brother, I am the half share holder of the house because my father is the owner of the house and will was made in Nov:-2008
Important Point:-
My mother Expired: - Oct 1996
Application Transfer Letter: - 13.10.2008
Will Date:-19.11.2008
Received Transfer Letter:-12.01.2009
Affidavit Sign:-may 2009
My father Expired:-April 2010.
According to official records, my father, my brother and I am the share holder of the property as per follows:-
My father:-33.33%
My brother:-33.33%
I am: - 33.34%
Q Please responds me, now I have obtained how much share from the property?
Q On the basis of the affidavit signed at home in may 2009. Is property transfer to my father?
M V Gupta
(Expert) 01 February 2011
Affidavit was only to enable your father to get a loan. It has no bearing on devolution of the property on death of ur father. Since ur father by his will had bequeathed his share to your brother, ur brother is entitled to 2/3rd. share and yourself to 1/3rd. share.
Ahmed Daud Girach
(Expert) 02 February 2011
Will will be governing devolution of the property it will be in your brothers name 2/3.If u have grounds challenge will in civil court.
