Property Issue

Hi all,

My mother bought a constructed house on 250yards plot in Delhi ten years back. She died without a will and without partition. We are 3 brothers and 2 sisters out of which one brother and one sister is settled abroad. I have filed a case for partition 2 years back and as of now one brother living abroad and both sisters are declared ex-party. The next date of hearing is within a week.

For expeditious settlement of case, please advise whether there is any scope of mediation through court / with family settlemement. And if so, it should be amongst  whom?All brothers have agreed , in principle , for reconstruction of property through builder. Both sisters are keen on sale.

Kindly advise.

Dear Mam,

In our family we are four sisters and one brother & Mom staying with brother. Mom is retired teacher. We lost our Dad three yrs ago. We all four sis are married and settled in Delhi & Calcutta. our father was running a school with hostel and a printing press. after his death brother started taking care. When my father died two sisters were single. After our dad's death we never asked about anything from our mother nor brother about property. after three years when our brothers behavior started changing towards us by not giving importance to us and bought land in name of bhabhi and never informed us. we came to know by outsiders then we just asked mother and brother about fathers property to know what has papa left after his death the an which was given to us by mom and brother was father has written WILL in the name of son that all his belonging are now sons belonging. The WILL is in a plain paper with three witness signature (Mom and two other friends of pop)when we asked show us the WILL they replied its in the court u can get it from court. we asked for any copy show us they said we do not have any copy. Finally they prepared a WILL and then forwarded it for probate on the same day when we asked.

We are a Christian family and by law we have equal rights to the father’s property. Please suggest what next action we should do bcoz they give us answer only by saying go in court and fight for it.

What and easy solution to it for a solution in a short time we can get. Does a wILL is valid in a plain paper also. becoz it neither on a stamp paper nor registered nor notarized.

Please suggest....

I need some advice on the following case for my understanding:

My Mother had purchased a flat in Mayur Vihar (MV), Delhi in 1990. The Legal Documents were made in Noida Court. The Receipt of Payment and Will by the previous owner are in the name of my mother whereas General Power of Attorney/ Special Power of Attorney are in the name of my father. My mother was 2^nd wife of my father. From the 1^st wife ; my father had two sons whereas we are 2 brothers & 2 sisters from the 2^nd wife.

My mother died in April 1993 and father died in June 2003.

My 2^nd half brother from my father’s 1^st wife has taken over our MV flat forcefully and living there. He has been claiming that father had willed the flat in his name.

Now we feel cheated as the ownership of the flat as per our understanding was always with mother as she had paid towards purchase of the property but not our father, even if the GPA/SPA are in his name. How father could make a valid will in his favour? As per your experience; do you think it will hold good and correct in the eyes of law? My half brother claims the Father's WILL is a registered Will.

What do you advise what is technically correct? Or can you suggest a knowledgeable advocate in Tees Hazari; expert in handling these types of cases?

With best regards,

Auro Bhattacharya

Cell:09811848204/09310108201