Succession act-right of a daughter
js
(Querist) 29 August 2011
This query is : Resolved
Dear friends thanks for your replies my query under right of a daughter. I discussed with some expert and he advised me to state all facts with background in detail as under:
MY grandfather had a property of 1000 sq. yrds he died intestate .
he had three sons.
My grandmother repotedly made a will of 1000 sq. yard plot in my father's name but that was disputed by rest of the brothers and will was never executed and it is not available with anyone now .
My father's brothers continued to hold possession in the premises. they entered into an family agreement regarding settlement in 1984 but did not get it registered.
My father has two children myself & my brother I was born in 1974 and my brother in 1980. My father died in 2006. After his death I came to know that my brother has entered into a family settlement with my uncles without tking my consent and without putting this into my knowledge. They got the family settlement registered in 2007. when later I came to know about it somehow I acquired a copy of the settlement. In the settlement there was a reference of a will reportedly made by father just before his death in 2006 in his son,(i.e. my only brother's) name. Copy of this will was never shown to me nor I was ever told about this.
Do I have a share in aforesaid property
Regards anupama
R.Ramachandran
(Expert) 29 August 2011
You have to indicate whether the plot was purchased by your grand father or was received by him from his parents etc.
js
(Querist) 29 August 2011
My grandfather migrted to india from pakistan on partiton .The plot was allotted to him as a settlement/rehabilitation.
R.Ramachandran
(Expert) 29 August 2011
The property in question was not "ancestral property" by any stretch of imagination.
Since your grand father did not leave any WILL, the property ought to go by way of inheritance amongst his legal heirs. [i.e. his widow, son(s) and daughter(s)].
The share falling to your father, will again have to go by way of inheritance equally amongst his legal heirs i.e. his widow, son(s) and daughter(s). This is subject to the condition that your father had not made any WILL. If you are doubting the genuineness of the WILL, then you have to challenge the same.
We are not sure where you are located.
Raj Kumar Makkad
(Expert) 29 August 2011
You file a civil suit seeking partition and possession and let them come with settlement deed based upon alleged will. You challenge that will in replication to the written statement after ensuring original will be put on court file on all available grounds.
prabhakar singh
(Expert) 29 August 2011
i agree with legal position explored by Mr.Ramchandran and practical solution advised by Mr. Makkad.
js
(Querist) 30 August 2011
Thanks a lot for expert advice but my questions are:
Whether the so called will written by my father is required to be probated.
My father remained terminally ill for 2-3 months before deth and during this period will must have been writte.
do my mother has any share in her deceased husband's property.
what is the effect of partition/family settlement made after 2005 on my share.
In the current settlement the property has been so distributed as if this belonged to my grandfather.
sons/daughters of my fathers' brothers have a mention in it .why only myself has been excluded from that settlement .
can I claim my right out of property share my brother got?
js
(Querist) 30 August 2011
I m located in Alwar, Rajasthan
