Partition of family property
C S Sundaresha
(Querist) 16 November 2012
This query is : Resolved
We are 4 brothers and 2 sisters and we are Hinds. My father refused to divide the ancestral property (part of this is purchased by my father with the earnings of ancestral property) and we (My self and one brother) have taken a legal action in the local court to get our share. My both sisters told the court that, they are not interested in this property. One of the Other brother keeping silence. Mean time my father expired and now property is in position of my last brother because he was staying with my father in the village. Now, my last brother told the court that,he has a WILL made by my father on part of the property to his his name (WILL made while court proceeding was going on). The Question is, validity of the WILL. Please advice.
Devajyoti Barman
(Expert) 16 November 2012
Will is valid as far as the share of your father in the ancestral properties is concerned.
It is wholly valid in respect of his self acquired property.
Rest would depend on the outcome o the partition suit.
C S Sundaresha
(Querist) 16 November 2012
Thank you very much. My father's will not specified particularly about his share, but he specified one particular land. My father climes it as self acquired but, actually that land was acquired from the income of ancestral property. Also the WILL made after court the proceedings started!! Will produced in the court after 4-1/2 years. My mother is staying with me and what about her right on property? Hence, I request the clarification on validity of the WILL in the light of above situation.
Devajyoti Barman
(Expert) 16 November 2012
Dispute the Will in the partition suit. Mere pendency of a suit is not a restraint to execute a Will if the same is otherwise valid.
C S Sundaresha
(Querist) 17 November 2012
Thank you Devajyothi Barman, One last clarification required, In the above situation,what is my mother's right?
Nadeem Qureshi
(Expert) 17 November 2012
Dear Querist
as per hindu law, the will is only valid for share of your father, your father had no right to executed a will of Whole ancestral property, you can file a partition suit before civil judge and get your share in ancestral property. Your mother has a share in this property as widow of your father's share
