Sister right in father's property when he is alive
vipul
(Querist) 14 August 2012
This query is : Resolved
Hi,
My Grand Mother was Govt employee and got Govt land alloted to her. She paid money and after her death, Govt registered that land on my Father and his brother's wife name (fathers brother(Uncle) died )
Before my grand mother died she has written a will on the plain paper signed across revenue stamp to give property to me and my sister and my uncle's son.
My father after 20 years got that property partitioned with my uncles wife. and constructed building on that and sold ground floor.
Now my sisters(married) has filed a suit in court to dismiss partition deed as she was not part of the partition according to my grandmother's will.
Will was written on a plain paper with signature across the revenue stamp.
My sister was married and not minor at the time of partition. Now after 2 years of partion she is claiming that she was not given property based on the will.
After partition and selling ground floor. She is claining for rights. can she appraoch court and make the sale deed of ground floor dismissed.
Is my sister ligally correct. Can she claim rights on the property If she is correct then my father sold ground floor then is that sale deed gets dismissed . If not what i need to do to save my property. Please suggest what i need to do.
adv. rajeev ( rajoo )
(Expert) 14 August 2012
When it is alloted property to your GM by the govt., she is the absolute owner of that property and except her nobody had got right on that property. She had right to dispose that property according to her will and wish. In this case your GM has executed a will in favour of you, so your sister cannot claim her rights in this property.
Kishor Mehta
(Expert) 14 August 2012
Sir,
With due respect to the Legal luminaries,
[1] Whether the Will was probated?
[2] In which event the partition between your father and your aunt becomes invalid.
[3] If the original Will of your Grandmother is probated, then as the property is Willed to you, your sister and your cousin brother, you three are legal owners of the Property.
Regards,
Kishor Mehta
vipul
(Querist) 15 August 2012
Sir,
Will is on a plain paper, signed across revenue stamp.
one point is that after my grandmother'death, Govt has registered that land on my father's and my uncles wife name. Why that will was not considered in that case. According to the will Govt should register land on my sister and myself and uncles son name.
Is the registration done by Govt questionable or not
Kishor Mehta
(Expert) 15 August 2012
Sir,
The Will may be on a plain piece of paper, but the important thing is that [1] It has to be witnessed by two independent witnesses. & [2] It has to be produced before the Judicial Authorities of the area for probate.
If this procedure is not followed then the Will loses its credibility. It appears that the Will was not produced before any Judicial Authorities at the time of the partition.
Please take an advice from a local lawyer and proceed as per his advice.
Regards,
Kishor Mehta
prabhakar singh
(Expert) 15 August 2012
When there was a WILL by grand mother(I suppose the WILL made with all legal requirement,that it bears signature of testator GM and has been duly attested also),it was the requirement on the part of executor (if any appointed in the will) or of beneficiaries to seek mutation before the Government.
If beneficiaries were minor and their lawful
natural guardian acted against their interest,then attaining majority soon after knowledge of Will and transactions against their interest,they had right to file lawsuit on the basis of right under will with in three years from the date of knowledge of the will and transactions made
against their interest.
If your sister's averments made in suit confirm things pointed above the she does have right to file the suit otherwise not.
