Claim in fathers property by sisters
vipul
(Querist) 09 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.
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 on what i need to do.
Advocate M.Bhadra
(Expert) 09 August 2012
Since the abolished of Benami Transaction Act in the year 1988 and Govt.authority has registered the said property in your father's and uncle's wife name,you can only claim your father's share proportionate with your sister.There is no validity of WILL if it was not granted by the Court.Partition Deed remains valid.
vipul
(Querist) 09 August 2012
sir,
After partition of the property my father has constructed a house and sold ground floor. can my sister claim rights in the partitioned property and approach court and make the sale deed of ground floor dismissed.
ajay sethi
(Expert) 09 August 2012
she is claiming share on basis of the will . was a probate of will done ? as per grandmother will your sister had one third share in property .
if partiton deed was done contraryto will provisions when did your siter file suit challenging the partition deed . ? was your sister minor at time of parttition deed?
Raj Kumar Makkad
(Expert) 10 August 2012
I do support the view of sethi. You should come with true facts so that a suitable reply may be given.
vipul
(Querist) 13 August 2012
Sir,
Probate of the will was not done. 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.
