Heiring of mother's property
Krrish1963
(Querist) 29 April 2017
This query is : Resolved
Sir,
I am having five sisters and I am only son (youngest).
All of us were brought up by my mother as my father expired at early age.
My mother constructed a house and was in her name in 1969.
My mother expired in "April 1982" without any will.
In 1984 all of my sister did a Registered Power of Attorney and made me legal owner of the house (property).(As I was young I was unaware about it)
Presently Four sisters are married and one is unmarried.
My unmarried sister along with one of the married sister kept on staying in the house.
I joined Indian Army in 1984 and could never stay in the a/m house being always posted to far flung areas.
In 2003, My unmarried sister produced a WILL (of January 1982 vintage)by my mother on a plain paper saying that the House to be divided in to two equal parts between me and her (unmarried sister). I did not suspect anything wrong & accepted it .
The "Lucknow District court" order was passed for two equal partition.
My queries are :-
1. Can I challenge the Court Order based on "Will" now, as it dawns to me it is forged as it suddenly surfaced in 2003 (after 21 years of my mother's death). At the time of my mother's death (1982) three sisters were unmarried.
2. Can the Registered POA (of 1984) be taken as Base Legal Document, now for inheriting the property; as in 2003/2004 Lucknow District Court has given a order making WILL as base document.
Thanks
Krishna
Guest
(Expert) 29 April 2017
You had cooperated to create your own Problem.Better Discuss with Local Good Senior Advocate with all evidences.
Kumar Doab
(Expert) 29 April 2017
Probably the WILL has been probated and you were a party.
Consult local counsel specializing in such/succession/civil matters with all docs on record for a considered opinion, options and merits.
Rajendra K Goyal
(Expert) 30 April 2017
You have agreed, it would be very difficult to go back from your settlement which has court approval.
Some senior lawyer can advice any lacuna if exist after referring all documents.
Krrish1963
(Querist) 03 May 2017
Thanks a ton for your kind advise.
Lacuna which I could feel funny is that In WILL produced by my unmarried sister, has signs of (two witnesses) are of the Brother-In -Laws, who married my sisters in 1985 & 1986, and my mother expired in April 1982, approx 3 to 4 years back & there was no sign of these Brother-in-laws at that time.
Will this plea be sufficient to get tress-passe etc.
Kumar Doab
(Expert) 04 May 2017
“In WILL produced by my unmarried sister, has signs of (two witnesses) are of the Brother-In –Laws……………………………………………….. approx 3 to 4 years back & there was no sign of these Brother-in-laws at that time.”
Your draft does not convey clear message.
Kumar Doab
(Expert) 04 May 2017
The word ‘SIGNS’ written 1st time stands for signature?
The word ‘SIGN’ written 2nd time also stands for signature?
Or the word ‘SIGN’ written 2nd time stands for existence (as brothers in law)?
If you intend to convey that the 2 signatories were not brothers in law at time of death then you can do so.
