Father expired. mother can write a "will" ?
Thirumurugan
(Querist) 13 August 2014
This query is : Resolved
Dear Lawyers,
Father had land 15 acres of land and partition done 1991. Brother "A" threatened father and written a settlement deed for him. We two "B" and "C" 's share still not registered in register office. All lands are father owned property and his father property.
Now, my mother can write a will for "B" and "C"? Is it possible? And what are the documents required?
Thanks
Thiru
G. ARAVINTHAN
(Expert) 13 August 2014
more details required for giving proper reply
P. Venu
(Expert) 13 August 2014
Your past queries reveal that there is some dispute or misunderstanding among the family members and you are raising queries in piece-meal. Pl. come with the complete facts and the real problems, if any.
ajay sethi
(Expert) 13 August 2014
is deed of family settlement duly stamped and registered? mother can bequeath only her share in property by will
Rajendra K Goyal
(Expert) 13 August 2014
Mother can bequeath her share in the property.
Laxmi Kant Joshi
(Expert) 13 August 2014
Mother can make her will but only for her share.
Thirumurugan
(Querist) 13 August 2014
Dear Sir,
Thank you.
Thiru
Kumar Doab
(Expert) 13 August 2014
Pls reply to the question asked by Mr. Sethi.
Agreed with Experts that you should post complete info in first post and mother can write WILL for her share only.
Thirumurugan
(Querist) 14 August 2014
Dear Mr.Sethi sir / Kumar sir,
Written one is not a family settlement deed. Settlement deed for only one son, written by my father. Because, he has threatened my father/ Forced my father to do that. So, finally he did.
So, I have evidence that incident. That was happened in year 2007. Hospital records I have. So, now is there anyway to cancel that settlement deed? ( so that I can make a re-partition again)
Or The partition done orally in year 1991. Is there a way to write legally with help of Notary public?
Thank you sir.
Thirumurugan
T. Kalaiselvan, Advocate
(Expert) 18 August 2014
Oral partition is valid in law provided subsequently the same was acted upon. You have posted a similar query in another thread with different tune. Please avoid giving piece meal information in different threads while seeking advise, the opinions given in different thread may ultimately misguide you. Other aspects opined by experts above are agreed by me too.
