Signature on will on a property
Querist :
Anonymous
(Querist) 07 March 2023
This query is : Resolved
I have signed on a property will saying I will not claim on that property which I have forcedon with my parents and brother before my marriage.Now as a daughter can I claim on that property. How can I proceed.kindly suggest
kavksatyanarayana
(Expert) 07 March 2023
You have not mentioned whether the property is ancestral or self acquired of your father or mother and on which paper whether is it stamp paper or white paper. If you have a copy of the document/paper on which you signed, with that copy consult a local lawyer to file a partition suit if necessary.
Dr J C Vashista
(Expert) 08 March 2023
1. Will executed shall be applicable after death of the Testator (author of will), accordingly if you have executed any will it is just a piece of paper (no value) during your lifetime.
2. You can cancel such will (if any).
3. Will executed by a Hindu under threat, coercion, allurement or any pressure without sound and deposing mind is invalid.
Sudhir Kumar, Advocate
(Expert) 08 March 2023
prima - facie you have no claim having signed a disclaimer. Actual language of that paper will matter. So meet a lawyer with papers.
Querist :
Anonymous
(Querist) 08 March 2023
That property belongs to ancestral ( property is on mother's name which she got from her in-laws ) and I have signed on stamp papers.can I now claim on that property .
Dr J C Vashista
(Expert) 09 March 2023
It is better to consult and engage a local prudent lawyer for proper analyses of facts / documents, professional advise and necessary proceeding.
T. Kalaiselvan, Advocate
(Expert) 10 March 2023
First of all your mother's property shall become her own and absolute proeprty and it will not come under the definition of ancestral property.
Secondly, relinquishment of rights over any property through a Will is unknown to law, besides a Will can be cancelled anytime hence the Will has no effect to your claim that you may have on a subsequent date.
Thirdly if your mother is living you cannot claim any share out of her property as a right.
Your mother in the capacity of an absolute owner with clear and marketable title can transfer this proeprty to any person of her choice by any mode including by selling the property in favor of a third party.
You do not have any rights to prevent your mother from alienating the property in any manner.
Therefore instead of agitating over the issue, you can reconcile the differences with your parents and close relatives and try to get the benefits out of love and affection and not by legal procedure because it is not maintainable in law.
K Rajasekharan
(Expert) 10 March 2023
What you wrote (that your would not claim your share of property) was on a Will, then you will not lose your share.
But if you have written it on a partition deed and it was duly registered as per law, then you cannot claim your share now.
P. Venu
(Expert) 14 March 2023
The facts posted suggest that the property belongs to your mother. You are a legal heir to the mother's property left intestate after her lifetime.
The signature on the Will or the stamped paper is of no consequence.
