Raj kumar pandian 25 July 2022

Can i get any rights in the house am living more than 20 years.

Sir, i am living in a house since 1999. The house is my fathers self earned property. My father wrote a will and registered in sub registrar office. In the will he states "The house entirely belongs to my younger brother and he has all the rights to sell or do anything as he wish". My father died last year. Now my younger brother asking rent from me. Do i have any rights in that house as i am living nearly 23 years in that. The documents are in my name. Property tax, electricity bill, water tax, drainage tax everything is in my fathers name. Please clarify if i have any rights in that house. The house original documents, original will are with my younger brother. Am having three daughters and they are yet to get married. My father wrote the will because my younger brother is a disabled person. Need ur advice sir.
Thank you.

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8 Replies

Dr J C Vashista (Advocate) 25 July 2022

Challange the will executed by your deceased father, otherwise you have no claim, interest, right or title in his self acquired property

Advocate Bhartesh goyal (advocate) 25 July 2022

Yes, your father had every right to transfer,Sell,gift or bequeath his self acquired property to anyone as per his wish,you have no right ,title or interest over his property.

Raj kumar pandian 25 July 2022

Originally posted by : Dr J C Vashista

Challange the will executed by your deceased father, otherwise you have no claim, interest, right or title in his self acquired property

Sir the will is properly drafted & registered in sub registrar office, and 2 witnesses signed it. On what basis can i challenge it sir?. If i challenge it, can i get a favorable judgement from court of law

Dr J C Vashista (Advocate) 25 July 2022

Yes, it is to be challanged on the ground of state of mind at the time of teatator (your father) when it was executed and registered, undue pressure, threat, allurment induced upon the testator.

Judgement shall depend upon evidences produced by parties, which cannot be predicted at this stage.

Pritam Ghosh 27 July 2022

Since a will is made by the onwer of the house i.e your father to the name of your brother, much cannot be done by you with the fact that you are residing there for no matter what period of time. But yes you can definitely challenge the Will of your father.

Once the Will is challenged, title of the property will be disputed and hence you can enjoy staying in the property for a longer period of time. In mean while get in touch with a advocate and try to prove the will void. Try to prove that the will was made without the true knowledge of your father and that your brother have induces your father to make the will in favour of his name which your father didnot actually intented to do.

Raj kumar pandian 28 July 2022

I have one sister too, if i proved the will is void, can i have sole right on that property. Bcos its in my fathers name. If i prove the will is void, does my brother & sister has a legal share in it.?

One of my friend (he is not an advocate) suggest me to go for compromise with my brother instead of going to court. Will it works sir?

Is there any