Property dispute between brothers
Vasista_Gokulam
(Querist) 11 July 2017
This query is : Resolved
Hi,
My father wrote his entire self-acquired property only to my youngest brother. The Will is registered and also my father has died. However, he has two other sons. Meanwhile, the above referred youngest brother wrote the entire property to his two elder brothers equally by relinquishing his rights on a 10 Rupees non-judicial stamp paper which was not registered or notarized. However, he is refusing to execute it.
I came to know that there is a supreme court judgement that even self acquired property cannot be written on a single person.
I have the following questions
1. Is it possible to fight this case and win
2. If you know any similar cases, can you please provide some reference to it.
3. Also, please quote Supreme court Judgement reference number.
Thanks !!!
KAMARAJ BHARATHY G
(Expert) 11 July 2017
1. No one can question against the disposal of self acquired property
2. Since beneficiary of Will become absolute owner of the property immediately after the death of the testator.
3. Here the beneficiary/brother is sole owner of the property. Hence, he can settle his property either settle the property by way of gift or family partition. But, in the instant case, the beneficiary has relinquished his property. Generally, relinquishment will be made by one among the joint owners only.
Rajendra K Goyal
(Expert) 11 July 2017
Your father can sell / gift / mortgage / bequeath a will for his property,son can not object.
If you know, please quote the supreme court judgement.
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
However, possibility of presence of any lacuna in your favor can not be ruled out after close scrutiny of all related documents.
Discuss with some senior lawyer. .
Kumar Doab
(Expert) 11 July 2017
Agreeing with experts.
Pls post which apex court judgment you have referred.
Kumar Doab
(Expert) 11 July 2017
The unregistered document for transfer of property may not be valid.
Kumar Doab
(Expert) 11 July 2017
Instead of terming it dispute and/or raking up a dispute settle amicably with beneficiary (brother).
The WILL is registered and may not be set aside on counts of authenticity.
The interest of beneficiary seems to be safe.
Kumar Doab
(Expert) 11 July 2017
Has he WILL been duly acted upon and property ownership transferred to beneficiary!
Surender Kumar Sharma
(Expert) 12 July 2017
No further comment
agreed with Advocate Mr Kamal Raj Bharathy , Advcoate Mr. Rajendra K Goyal, Advocate and Advocate Mr. Bhartesh Yoyal
R.K Nanda
(Expert) 12 July 2017
agree with above experts.
P. Venu
(Expert) 12 July 2017
The facts posted suggests any dispute or disputed facts,
(Expert) 11 July 2017
