Sharing the property of father after his death without proper will
NAGARAJ
(Querist) 24 September 2012
This query is : Resolved
Dear Sir/Madam
my father expired 2 months ago and has left behind improper will which was written by himself in a plain paper with his signature. my question is my father was having a self made property of 1 built house which cost about 60 lakhs and 1 site Value about 30 lakhs and one more site which is under dispute. one more site given to my sister which is value of 20 lakh. my father is having 4 childrens, 3 sons and 1 daughter. He has divided the property in this manner
1. 1 site value of about 30 lakhs has been registered to the second son
2. 1 site valued about 20 lakh is given to my sister
3. the disputed site which is not yet registered is also in the name of second son
4. the built house is having 3 floor getting rent and in one of the floor i am staying
According to my fathers will the second son and the daughter is no more eligble for the remaining property and the other property i,e the built house should be shared by the two sons 1 and 3rd in the ratio of 30:70 also to my mother also some share to be given for living
my question
1. will this kind of sharing will stand legaly?
2. what my father's sharing of property is correct?. if it not proper sharing what can be done according to law
3. what is the procedure to make the built house to the 3rd sons name from my death father after giving share to the 1st son
since i have complecated queries i request lawyers to help me out please. i dont know anything about legal issues
ajay sethi
(Expert) 24 September 2012
will needs attestation by 2 witnesses who have seen your father sign in their presence and who have signed as witnesses .
will wont stand scrutiny in court .
your father has died intestate . all 4 children have equal share in father property
