Share of daughter in property transfered by mother to brother through registered will
Guest
(Querist) 24 April 2013
This query is : Resolved
Hi,
I would like to enquire about the right of the Daughter in the property transferred in the name of the brother by my mother by the way of registered will.
My mother made a will in year 1994 favouring my brother as the whole & sole beneficiary of the property.
My mother expired in year 1999.
out of 4 sisters, my brother has taken NOC from my sisters to get the property transferred in his name.
My brother has not take the /noc from me and I assume he woulrd have forged my signatures.
Now, I wish to know the remedies available with me to claim a right in the property.
1. Wheather I can claim a right in the proprty
2. Wheather I can get a stay on the property basis above facts
3. What is the importance of NOC in this matter.
4. Can the will be considered null and void as there is a fraud attempt by signatre fradulently.
6.'''NOC
There are other dicrepancies in the NOC, we shall discuss them later bsis your rrsponse
Raj Kumar Makkad
(Expert) 24 April 2013
You have not told the source of the property in the hands of your mother.
First of all answer, how your mother had got that property and only then a suitable reply can be given to you as desired by you.
J K Agrawal
(Expert) 24 April 2013
To make a will no NOC of any sort is required.
The will is valid only up to the part of property on which your mother was having a valid right to transfer. She can not transfer any part of any others property with or without NOC.
Advocate Ravinder
(Expert) 25 April 2013
I differ with the opinion of makkad sir, since the property in the hands of mother is not criteria here. Any property which falls to the share of female is her self acquired property unlike males.
As it is her self acquired property, she can make will to anybody of her choice whether it is registered or not. The other sisters cannot claim the same. The collecting of NOC from the sisters is also not necessary for your brother, since he got valid title through the will.
If you have any points to disprove the will, you can file the case challenging the will. But you have least chances to win.
Guest
(Querist) 29 April 2013
Dear Makkad Sir - The source of Property is her Own funds.
Dear Ravinder Sir - The only concerns I see here are:
1. The will is in English, whereas my mother was not literate and she also signs in Hindi.
2. I doubt she was not told the complete facts while will preparation.
3. The will was made in 1994, mother expired in 1999 and property transferred in 2003 - why would one wait for so long. I understand this is cannot be a vlid reason - but is suspicious for sure.
4. My Signatures on NOC while transferring the property in his name were forged.
Please suggest if I hold any claims in the property or not?
These queries are open to all, hence would seek a response from all.
In case any further clarification is required, please let me know, I'll be glad to share.
Regards
G.B.
Advocate Ravinder
(Expert) 02 May 2013
By the above excitement, I understand that you want to claim property along with your brother. As this is a complicated case and you have least chances to win, you have to definitely hire a good experienced lawyer to file a case for challenging the registered will. There is no other way.
