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gk (Accountant)     16 November 2012

Property will

 

Sir,

My mother-in-law inherited her late brother’s property as per his will. He had no immediate family and my mother-in-law was his closest relative. He left his property to my mother-in-law for her and her six daughters’ wellbeing. I am married to one of the daughters.

My mother-in-law was afflicted with cancer and two of the daughters (my wife’s sisters) conspired and had her sell the property. My mother-in-law due to her condition was influenced by them and compelled to sell the property without informing any of her other daughters. The two sisters then pocketed the money for themselves without giving a fair share to other four of their siblings (including my wife). My mother in law subsequently passed away in April 2012 due to cancer.

I have got to know that my mother-in-law could not have sold the property without the consent of all her children. The two sisters who got the property sold are neither sharing the fair amount due to everyone nor are they willing to show the sale proceeds document. We have got to know the party that bought the property showed a much lower sale proceeds in the property registration document to evade registration duty.

Please can you kindly advise me on the course of action? Can I take the two sisters to court and get prosecution against them for cheating and/or compelling my mother in law to sell the property when she was not well and not in a position to take proper decision. Can I get a court order declaring the property registration invalid and get it cancelled.

Regards 

Gopakumar



Learning

 1 Replies

Varun Desai (Advocate)     17 November 2012

Hi, In the present case consent of all the daughter is not required as the property termed as self acquired property and even if take case the the court of law you won't succeed and if they have shown registration value below the govt rate than document will be under valued by concerned authority and ask party to pay deficit value so here you have no chance to get any share in the property.

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