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manojloya   09 September 2015

Can i now claim the right on father property ?

Hi, I am daughter of a hindu family. I have only one brother and no sisters. My father & mother died in 1972 & 1996 respectively. There was a property in the name of my father. My father left a will, though not registered, mentioning that the property belongs to my mother. My mother also left a will, though not registered, mentioning that the property belongs to my brother. Now my brother has registered a settlement deed in the favour of his son mentioning that my father is transferring the property to his grandson(my brother's son) couple of years back. Can i now claim the right on that property ? Regards, Rani



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 9 Replies

Kumar Doab (FIN)     09 September 2015

If the said WILL is declared invalid then as per prevailing laws in 1972 you may/may not have a share.

 

Consult an able lawyer specializing in family/property/revenue/civil matters and understand the options.merits,remedies.

 

Your lawyer can check if the WILL has been effected and has not been under cloud or not!

 

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 September 2015

Mam, Do u feel that all the wills made by your father and mother are genuine... ? Warm Regards Kapil Chandna Advocate 9899011450

saravanan s (legal advisor)     09 September 2015

the will that your mother had made on your brother is valid.he has to mutate the property on his name and then he can make a settlement on his son

adv.raghavan (Advocate,9444674980)     11 September 2015

The terms of settlement deed may be disturbing,but it will not vitiate the rights of your brother over the property. He is the owner of the property as per your mothers will, if at all u want to dispute , you can dispute the will stating it was obtained under fraud and coercion and the onus is on you to prove the same and it is lengthly process.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 September 2015

1. Father left Will in favor of Mother. Here the will must mandatorily be put into effect and the property should be transferred to the Mother, on revenue records, for the Mother to become the "Title-Owner" of the property. IF will was NOT put into effect, THEN the property till stands in the name of Father and the Mother has no locus-standi on the Property. 2. IF property's "Title-Ownership" did not vest into the Mother, THEN the Mother cannot make ANY will to will her non-existant Title-Ownership (where the property still stands in the name of Father) 3. A Will-Maker can make will ONLY of those property, in which the will-maker has "absolute" title-ownership AND NOT FOR PROPERTIES WHICH DOES NOT STAND IN NAME OF WILL-MAKER. 4. The Settlement-Deed executed by brother is null & void, in view of the Father willing the property to his Wife (Mother). 5. With a little twist, as a Legal-Heir of the Father, you can claim your ratio of the property, "IF" the above parameters do meet. Keep Smiling .... Hemant Agarwal Read Articles: https://hemantagarwal21.blogspot.in/?view=sidebar

Kumar Doab (FIN)     13 September 2015

Mr.Hemant Agarwal has posted a lucid explanation. The querist and readers can benefit from it.

adv.raghavan (Advocate,9444674980)     13 September 2015

 Mutation helps in updating the property records, but it doesn’t amount to recognition of title of ownership in the property.“In mutation there is no real transfer of theproperty’s title. Following this, the names of the legal heirs become the part of the title documents as owners of the property.”

advocatepassy@gmail.com 971794 (Advocate)     14 September 2015

Sorry, but you have no claim on that property. Now it belong to your brother and he has passed it on to his son which is right.

T. Kalaiselvan, Advocate (Advocate)     18 September 2015

In my opinion the the suggestion and the opinion rendered by learned Mr. Hemant agarwal seems to have some legal options open to you to claim partition and  a share in  the property left behind by your father, i.e., the "IF"suppose the will was not properly acted upon by your mother by mutating the revenue records in her favor, the chances of getting  a share for you is brighter. 

Consult a local lawyer and proceed as per his further advise. 


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