Legal right
Giridhar
(Querist) 08 September 2015
This query is : Resolved
We are two brother and 4 sisters. My father made a registered WILL in 2003 in name of his real sons i.e. my brother and I. The WILL divided the property in two equal share, thereafter my father died in 2005 but we made a partition deed based on the original registered WILL my father left. This deed was registered as well. My mother is still live and living with us. One of the four sister has sent a legal notice to us asking for a share in the property. What legal right we would have to deny her legal notice considering the fact that the registered WILL was left by our father and we also have registered partition deed.
malipeddi jaggarao
(Expert) 08 September 2015
What do you mean by "real sons"?
If the all the properties covered in the Will are your father's self-acquired properties, nobody has any rights over property except the persons named in the Will and properties are to be shared as per the terms of the Will. But it is strange that your father did not bequeath any properties even in your mother's name which is not believable. First of all it is to be examined whether the properties mentioned in the Will are your father's self-acquired properties or ancestral properties. Then only one can give you any advice.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 08 September 2015
1) if is valid no sisters claim will sustain
2) Probate will
3) Regd Pat.deed will also come to your resque
Giridhar
(Querist) 08 September 2015
Many thanks for the reply. Yes, the property is an ancestor property. My mother is quite old age now so she insisted for the partition dead that we registered later. However she was the one of the witness, and even if required she can come along stating that one of our sister and her husband are harassing us. I am an heart patient and retired living on my pension only, and her husband comes time to time for giving unnecessary threats. This property is very small in size that can only accommodate a single family and hence any further division of the property will put us outside. please suggest any legal option we could take to protect ourselves against legal action she may take as she has already mentioned in the legal notice that she will go to the court.
Rajendra K Goyal
(Expert) 08 September 2015
Consult your lawyer and reply the notice.
How the property is ancestral? Discuss with your lawyer.
Dr J C Vashista
(Expert) 12 September 2015
Reply the notice through a local prudent lawyer in a befitting manner, which would be your defence subsequently.
However, your father can bequeath his share in ancestral propoerty and entire property acquired by him.
Consult and engage a local lawyer for partition suit to be filed by you or your mother/brother/sister(s); all have equal share in ancestral property.
