Inheritance of father's property issue

Querist : Anonymous (Querist) 02 June 2011 This query is : Resolved
This is concerning inheritance laws in India. I am a 60 year old NRI woman residing in USA since 2007. My younger brothers are also in USA, one a citizen and the other one a green card holder.

Prior to 2007, I was residing in New Delhi, India and my younger brother in Kerala. In 1995, when my younger brother built a new home he got a guarantee from our father that my father's agricultural land would be transferred to him. The circumstances surrounding this arrangement are still a mystery. But later on I came to know that, my brother got my father to sign a blank sheet of paper stating that his land would be divided among both the brothers and I would only get 20000 rupees only. However, this is supposed to be enforced only upon my mother's death.But I heard from sources that my brother did not get my father's consent the right way and did not allow him to change his mind later.

I want legal opinion regarding this as I am supposed to meet with my brothers to finalize this. They are trying to convert it into a official will which can only be enforced with the signature and consent of all 3 of us siblings.

1) Is that blank paper valid as the will is not on an officially attested government stamp paper?
2) Can I challenge this blank paper and refuse to sign the newly formed will ?
3) Can I demand equal partitioning of my father's assets including land?
4) What laws govern a christian's inheritance of father's property in India?

Please provide me websites for reference of the above issue. It would be a great help. Any other suggestions and advice would be of help.

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Raj Kumar Makkad (Expert) 02 June 2011
1. No. Though it is not valid yet there is no requirement of making will on govt. stamp paper in India.

2. Yes. You can refuse to sign it. Otherwise also no will can be prepared after death of a person.

3. yes. You can demand within your legal right.

4. Property law are same for Christians in India at par with all other Citizens.

Arif Iqbal (Expert) 02 June 2011
I agree with Mr makkad

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