jawahar 10 November 2016

Parent will issue

My father is 82 years old. My mother is 73 yrs old. We are 3 brothers and 2 sisters. i am youngest one all two brothers and two sisters are married i m not married and on job and staying away on rent in other city from family since 2001 . Eldest brother has 2 sons while elder/middle brother has one daughter and one son.

My father has two properties one house on main road estimated value 1.5 crore and a godown in a very narrow gali value around 10-15 lakhs. this godown has my father business which has been running by eldest brother +father since 1990, now it is independently run by elder brother as father is not too good to walk. my middle brother has opened a small shop in 2010 in a front room of house on main road.

now my father wants to partition the property (after the death of father as well as mother ) through writing a will. Till they are alive rights are with the father n then mother and partition cannot be made.

The will (as he has informed to all three brothers on this Dipawali year 2016 at his age of 82-83 years)

Main Road House will be divided in two parts 40% (front part to middle brother as he has shop in this area) and 60%(back pat to eldest brother as a big hall falls in this area and he will shift his business from godown to this area).

and godown would be done in my name but I will have right on this after father mother death. Right now this godown is in the name of my mother and eldest brother.

Now my father has some valuation problem of godown property.

If I count all this…. my middle brother is getting property of around rs 75 lakhs and eldest one also 75 lakhs +10-15 lakhs rs machinery which is lying in the godown.

And for me just 10-15 lakhs rs ruined godown.

What my father says godown value is 40 lakhs. He has been influenced/ fooled by someone.

And I am finding injustice to me. Pls suggest what to do.

My sisters in laws say- jo sewa karega wo lega . U don’t do anything to papa mummy. We clean his clothes potty etc.

But my logic is they are living working maintaining all the things on father property while I left the home to not to become burden on father n brothers life and they had same expectance from me. as they hardly used to afford the basic expenses that time and still now they are hardly affording basic needs of their families.

And this is the reason I don’t want to marry too. And I am feeling injustice as I am receiving just property of worth 10-15 lakhs while my brothers 60-75 lakhs or more.

Pls advise…what to do…

if will is written and registered then can I will be in position to challenge it.

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11 Replies

Kumar Doab (FIN) 10 November 2016

It is believed that you are Hindu.

Confirm.

You have posted godown is in the name of mother, and your father want to include it in his WILL.

Reconfirm.

Is it self acquired proparty of father or ancestral?

You have not clarified.

jawahar 11 November 2016

yes i am hindu and right now the godown cum factory is in the name of my mother and eldest brother.

that is why all rights till both my father and mother alive are with them.

anything else you want to confirm..

jawahar 11 November 2016

actually godwon cum factory earlier was in the name of my aunty and my mother but before my aunty death paper work was completed my mean her name was repleaced with my eldest brother name. My father declined (renounced) to receive anything from his ancestral property,gold n silver because his logic was that my grandfather died in (my father and uncle) childhood so his eldest brother (my bade Tauji) brought both them up, educated and afforded all their daily life expenses etc.so how can he demad his share from his ancestral property ot Tauji

but my Uncle (chote chacha, he was also on job. out of 5 brothers elder 3 brothers used to run shop my father 4th no. and uncle 5th no. used to do service but my father left the service after completing 4-5 years and started business. my uncle didnt give up his service and after retirement he claimed and found his share from everything... ancenstral/tauji property,gold n silver)

But when my mother fights on this issue, my father replies that godown (as it was in the name of aunty (w/o of uncle who received his share) too) has come in my share, so sometimes he assumed that it is ancenstral property.

Kumar Doab (FIN) 11 November 2016

Your father can not include property in his WILL that he does not own.

Yuo may obtian copies of mutation record with link documents from local authority e.g;Patwaari and show these to a very able counsel specializing in revenue/property/civil matters for a considered opinion.

jawahar 30 November 2016

well, yesterday another development came, children dont have right on parents earned property..

it means i will be in no posiion of challenging the will now...if my father is giving larger parts to my two elder brothers ....please clarify....

Kumar Doab (FIN) 30 November 2016

Children of HIndu parents never had any forced share in parents self earned/acquired property.

jawahar 02 December 2016

ok thank u v much kumarji,

i did sacrifice to my parents n family members by becoming a salaried person when my father business started going in lurch he hardly used to take care of our basic needs ...still, it is not good as told by my eldest brother bcuz he manages it right now (being father not able to walk) and my father is giving me the least valued (10-12 Lakhs) property, while 2 elder brothers will get 50-60 lakhs /even more of that; valued share paroperty.

so my father is not doing justice to me.

some one has advised me to complain in the Police Station that my father is now not mentally fit and he z writing d will /dividing the property unfair way or under someone influence

will this tactic work...

jawahar 02 December 2016

ok thank u v much kumarji,

so my father is not doing justice to me.

some one has advised me to complain in the Police Station that my father is now not mentally fit and he z writing d will /dividing the property unfair way or under someone influence

will this tactic work???