Will and Partition Validity of Will
M Satyanarayana
(Querist) 26 March 2010
This query is : Resolved
Sir,
My mother purchased a house belonging to her son-in-law after passing through two people over the ownership my sister and son-in-law still remaining on the property. Now my brother-in-law and sister wants to alienate me from my mother's property through a forged and fabricated will. The lower court gave decision in favour of my sister-in-law on mutation of the property without verifying the will. My counsel has also failed to bring out the true facts of the case. Now the case is with High court. I want to know on what grounds can my sister claim the property.
Please clarify if the will is valid on the following grounds.
1) Mother property purchase through joint family income in the Will daughter has mentioned She bequeathed the property because the property belongs to her husband ancestral property.
2)Mother's only half thumb impression is visible on the will
3) There is no signture of the mother on the 2nd but there is signature of two witnesses one of the witness being the Daughter's huband. Is it valid.
4) There is no mention of son and father.
5) The notarised will is done with blacklisted advocate
6)Through out the period from the purchase of the property till the filing of the suit the relations between the mother, daughter, son-in-law and son is strained. Is it possible a Will created under such circumstances is valid.
Son-in-law is attempting to knock off the property through two ways either through the Forged Will or through the Ancestral property that has changed transfer from 3 people to the present owner i.e. mother.
Question :
In the above circumstances a partition suit filed by the son is tenable in the court of law.
What are the remedies or legal action has to be taken to defend the Will and and Claim of ancestral property. Mother in question is holding clear title for the last 31 Years. Now my mother is dead intestate and they brough forged will.
Kindly enlightenment on the above facts I will be grateful to you.
Thanking you,
Yours faithfully,
M.ST
Devajyoti Barman
(Expert) 02 November 2010
It appears that the property of the Will was not her self acquired property and hence the same cannot be bequeathed at her will. File a suit for partition where you could also challenge the suit for partition.
