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(Guest)

Share after a will in broken by my father

My Grandfather wrote a registered will in 1961, He died in 1962.

The Will says" My Father, Hisbrother and his sister cannot sell but enjoy the property and only grandchildren can do any transaction to the property"

My fathers brother, filed a case to break the will in 1971 against my father, grandmother and my fathers sister as the plaint says the Will was influenced by grandmother and property is ancestral. It was an exparte as the whole family wantedly made a suit and they broke the will.

My self and my sister where born in 1965, 1966 and my other cousins where born after the will is broken. Can I claim share in the property that was sold by my father in 1975  ? can My sister do that ?



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 February 2012

Dear Mr.Narayanan, 

What your father's brother and all did was practically play fraud upon the court to deprive their children of what was lawfully due to them, since your father sold the property in 1975 and you were born in 1965 - since you were minor until 1983 - you could not have challenged it - the law would have given you 3 years extension - i.e you could have filed until 1986 - but you failed to do so, in other words your claim is barred by limitation - however if we can prove before the court that you got to know about the purported will now - we still can challenge it ..however it is a very heavy burden. 

Highly technical - consult a lawyer


(Guest)

Thank you very much. I have one question. Can my sister, who is 44 years old and who never knows anything about the will or the suit to break the will  file a suit ? What will be the share from the grandfathers property to my father, me and my sister. There will be no question of partition among the whole family as my grandfathers will clearly splits the assets for all his heirs. SO from my fathers share, what will be there for me and my sister ?

There are concerns like female heir before 2005 cannot claim property .


Thanks for your time Sir.

sridhar pasumarthy (ADVOCATE)     13 February 2012

Mr. Narayanan,

Yes, your sister can also file the suit on the same grounds imputing recent knowledge about the will and fraud played by your paternal uncle and others in the earlier suit.

Fraud, if proved, will vitivate everything.

You and your sister will get 1/2 share each in the share of your father.


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