will dispute

Querist : Anonymous (Querist) 27 November 2009 This query is : Resolved
my father died in 2005 and exceuted a registered will thereafter gpa and thereafter gifted the same property. All the property was gifted to my younger brother. We are six sisters and two brothers. please advice how I can challenge these documents in the court of law as these are executed without my knowledge.

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niranjan (Expert) 27 November 2009
It depends the nature of theproperty.If the property was self acuqired property of your father he can do whatever he likes.If the income of all the earning members of the family was used for purchase of the property,only in that event you can ask your share.

Y V Vishweshwar Rao (Expert) 27 November 2009
If the proerty is self acquired of your father you will not get the share as it is already trasferred under Gift Deed .

Mr Niranjan explantion is good-if it applicable in your case you will get share !

A V Vishal (Expert) 27 November 2009
Is the property self acquired or ancestral one. In former case you cannot proceed legally against the younger brother but if it is the latter than you can file a suit seeking partition of the property amongst all the legal heirs.

prakash vathore (Expert) 27 November 2009
if your father had made a will then poa and then gifted the property to ur yonger brother then the last gift deed is valid and if it is ur fathers self acquired property then u cant do anything.

adv. rajeev ( rajoo ) (Expert) 27 November 2009
First it is to be looked into whether the property is self acquired or ancestral property of your father.
if it is ancestral then you have also got share in the properties, you father can dispose his share only he cant dispose the share of other sharers.
if it is self acquired then he can dispose the properties according to his will and wish.
In this case there is regd., will. I think it is not cancelled. if it is not cancelled then the person in whose name will is executed he will have to file a suit for declaration and injunction claiming his right over th properties on the basis of the will.
He has to contended that gift deed is not binding on him, fraud should be pleaded.

Poonam Upadhyay pathak (Expert) 27 November 2009
I totally agree with the rajeev sir

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