ramanathan (Legal Advisor) 25 January 2010

Ptoperty right

One of my friend having the following problem

His father made a will sharing his earned property to my friend and his brother putting a class in the will stating the property should not be sold till my friends childrens attain major age.

He has four sisters all are married and settled. they are the one who care my friends father till his death.

my friends father told them before deat, that all his sons left him alone and they are not bother to care him,

he told them verbally ( no written document ) in front of his soninlaws, that the property should be divided 6 equall share instead of 2 as mention in his will

now my question is

is there any right by my friends sisters can claim the proertty. how can they prove the words of my friends father.

they all known to me, they have done a lot to their father, it is unjustice if they have not got any share in the property

is their anyway they can get their share..... please advice

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3 Replies

vijay sahni (LAW PROFESSIONAL ) 25 January 2010

You said, it was his earned property, not inherited, secondly there is no mention of names of his sisters in the will as creditor to the said property in equal proportion, under the above circumstances it will became difficult to ascertain sisters claim on the property even if they had cared for their brother for whole life. A proper analysis is possible after scrutinizing the will, nomination papers, power of attorney, and bank documents of the deceased. Consult your local council in this regard.

ramanathan (Legal Advisor) 25 January 2010

Thank you for your reply... tell me one thing

1. The daughters carred him throught out his life, but in the will it is clearly mention that the whole property will be for the sons, and the sisters can come and stay in the house when ever they need.

the brothers can not able to sell the house till their childrens attain major.

is there any way the sisters get a propotinate share of the property