Partition or property
Querist :
Anonymous
(Querist) 09 November 2024
This query is : Resolved
I am married and have 2 children. I have two married brothers. My mother is 98 and hale and hearty.
My grand mother had 4 sons. (vis. 'A', 'B' 'C' and 'D', all of them deceased now.
My father ('B') died in 2005 leaving a will, dividing his share of property inheritted from his elder brother ('A'), Twho received this property from my grand mother. This is considered to be an ancestral property of our family. Father has not done any addition / increase in the property. My mother is 98 and is hale and hearty.
This will is written in the year 1997. it has not been modified or changed since then.
Details of the will :
1. First son gets 45 cents of prime land.
2. Second son gets 20 cents of prime land. Plus one flat in Mumbai, then (in 1977) costing about 4 lakh.
3. I get 10 centrs of non-prime land.
Apart from the abve, our old ancestoral house stood at 30 cents of land. The house is not fit to live in. This property (30 cents) is divided by ( 'A" ) equally among the three brothers (10 cents each), without any demarkation of the property.
As per my father's will the 10 cents thus received by him was divided and given to his sons (my brothers) euqlly, i.e. 5 cents each. Of the remaining 20 cents, 10 cents given to father's younger brother ('D') was purchased by my farther 2004, one year prior to his, my father's, death, with financial help from me. Obviously, there was no mention about this 10 cents in his will, written in 1997. Balance 10 cents given to his brother ('C'), was gifted by him to my father. The gift deed specifically mention that gifted property will be inheritted by my mother after his (fathers's) death. Thus this 10 cents is now in the name of my mother, who has not prepared any will as on today. However, my father has promissed orally, that the 10 cents, if gifted by "C" will be given to me. There is, however, no evidense to this promise.
The will written by father in 1977, state that the properties although divided will be under the custoday of my mother, without any authority to transfer, mortgage or sell to a third party. My request:
1. where do i stand in the 10 cents purchased by father,with financial help from me, which is not in the will.
2. my father's promise to give me the 10 cents gifted by his brother , i.e. my uncle, whether i can claim it.
3.whether i have any claim on the entire ancestoral property.
kindly advise.
regads
Antony
9/11/24
antonyal@gmail.com
kavksatyanarayana
(Expert) 09 November 2024
Your query is unclear and some are confusing. However, the 10 cents land shall devolve to all the legal heirs along with you.
Dr. J C Vashista
(Expert) 10 November 2024
Various issues have been clubbed together in the post, which make it complex and vague.
It is advisable to seek professional services of a local prudent lawyer with relevant records for better appreciation, guidance and necessary proceeding.
T. Kalaiselvan, Advocate
(Expert) 10 November 2024
1. In the absence of any evidence with you about giving money to your father, you cannot claim title to 10 cents of property.
It shall be inherited by the legal heirs as per provisions of your personal law.
2. There's no evidence for this oral promise hence you may not be able to claim it.
3. I am afraid not.
P. Venu
(Expert) 11 November 2024
You have posted too many facts and too many issues, that too mired by subjective opinions. In spite of my best efforts, I am unable comprehend the posting and suggest any opinion.
Querist :
Anonymous
(Querist) 14 November 2024
Adv. Kalaiselven.
Answer 1. 1. In the absence of any evidence with you about giving money to your father, you cannot claim title to 10 cents of property.
Request: However, this 10 cents does not figure in fathers will. Therefore, I am entitled one share?
2. There's no evidence for this oral promise hence you may not be able to claim it.
Request: Agree. But the property is in possession of my mother. Therefore, whether I can claim my share? she has not done a will, so far.
Kindly advise.
Read more at: https://www.lawyersclubindia.com/experts/partition-or-property-763521.asp
2.
Read more at: https://www.lawyersclubindia.com/experts/partition-or-property-763521.asp
T. Kalaiselvan, Advocate
(Expert) 16 November 2024
As one of the class I legal heirs to your deceased father, you will be entitled to inherit your legitimate share out of his intestate properties.
