Our father registered will for two brothers equally share but trouble with share of married sisteri
TAPAS KUMAR DEBNATH
(Querist) 15 September 2013
This query is : Resolved
DEAR SIR,
WE TWO BROTHERS (HINDU MIDDLE CLASS FAMILY)ARE IN SERVICE AND MARRIED. OUR FATHER HAS BEEN REGISTERED A WILL FOR US EQUALLY SHARE. WE TWO BROTHERS ARE DEVELOPED FATHER ASSETS AND TOOK CARE OF OUR PARENTS. IN WILL FATHER HAS MENTIONED LUMP-SUM AMOUNT PAY EQUALLY TO MOTHER, AFTER DIED OF FATHER. BUT NOW FATHER IS ALIVE. OUR ONE MARRIED ELDER SISTER IS DISTURBING US FOR EQUAL SHARE BUT FATHER HAS DENIED TO GIVE HER SHARE. WE TWO BROTHERS ARE NOW IN TENSED. SIR, PLEASE GUIDE US WHAT WILL WE DO AND WHAT WILL SHE MAY DO WHICH CREATE TROUBLE FOR WE TWO BROTHERS.
adv. rajeev ( rajoo )
(Expert) 16 September 2013
If the properties are ancestral properties then your sister has got equal share in the share of your father along with you all. If it is self acquired then you sister and you also have no share. It is your father's will and wish to dispose his properties. Will comes in to existence after the death of the testator.
Dr J C Vashista
(Expert) 16 September 2013
Please explain whether it is self-acquired or ancestral property of your father?
Even if it is an ancestral property where your sister is one of the coparcerners, she cannot have the property during lifetime of your father.
Your father is competent to bequeth his share of property to any or either of you.
prabhakar singh
(Expert) 16 September 2013
Yes!Right you have not told how and from your father got this property and in which year.
If he inherited this property from his father(who died intestate) before year 1956 then you both along with your sister are coparceners with your father so that each of you own 1/4.Hence your sister share would be 1/4 and will would be treated valid for 1/4th share of your father while 1/4 each of you already own.
In case it is a self acquired property of your father your sister can not stake any claim against his will deed.
As regards to improvements by you that shall be taken care of by court,should a case come before it.
Rajendra K Goyal
(Expert) 16 September 2013
Agree with the experts, nothing more to add.
V R SHROFF
(Expert) 29 September 2013
Self aquired property: Sister will have no right.
if ancestral: Will HAVE NO VALUE. : SISTER WILL GET HER SHARE.
