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Parimala (housewife)     07 May 2009

Succession

My father made an unregistered will stating all his self acquired property worth 2 crores goes to my brother and that i can get 1 lakh rupees. My father always discriminated me and favoured my brother in all ways. I married against his wishes. I think he discriminated me marrying against his will and made his unregistered will. I feel humiliated because he did not justify my share. Moreever he did not even treated my husbad well even after 15 years of marriage. He was never there for me in times of trouble. My father discrimiated me very badly.

Please suggest me in this situation. Is it justifiable that my brother gets 2 crores and i end up getting 1 lakhs.

 

 



Learning

 11 Replies

Swami Sadashiva Brahmendra Sar (Nil)     08 May 2009

whether the will is relaring to ancestral property or self acquired property of your father? if ancestral, you may claim your share.

Adv.Husain (Advocate)     08 May 2009

your father has all rights for his self acquired property and he can dispose off his property accoring to his own will

butWhen the genuiness of the will is questioned, the due execution of the will has to be proved by the person who produces the document to make or establish any claim. To prove the execution of the will, the examination of at least one attesting witness is necessary.

 

A V Vishal (Advocate)     08 May 2009

Dear Parimala,

Sorry, my reply to your query should not be this, but, are you craving for his love and affection or complaing solely because he did not leave you anything except for a lakh of rupees.

Swami Sadashiva Brahmendra Sar (Nil)     08 May 2009

Mr. Husain is right. inadvertantly i could not see the word "self acquired.

Y V Vishweshwar Rao (Advocate )     08 May 2009

I agree with  Mr Hussain Adavocate - I support his suggetion

INGLE G.[ADVOCATE]9421657505 (lawyer)     08 May 2009

I WANT TO SEE ALL PAPERS FIRST WITHOUT SEEING PAPERS [BLIENDLY]I CANT COMMENT BUT STILL U HAVE REMEDY.

INGLE G.[ADVOCATE]9421657505 (lawyer)     08 May 2009

FOR EXAMPLE  WHETHER  IT IS SELF ACQUIRED PROPERTY? SOURCES OF THAT PROPERTY? WHERE HE IS RESIDING  RIGHT NOW ?ALL OTHER THINGS  I HAVE TO SEE FIRST

Prabhat Kumar (Advocate)     08 May 2009

In a self acquired property, it is the will of the person who acquires the property always dominate. sounds unfair but if the will is genuine then you don't have any other option.

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     08 May 2009

Mrs. Parimala

As the self-acquired properties, the will can be executed in favour of a dirty dog even. But,  the will must be executed before 2 witnesses. Further , it need not be registered and it is optional for registration as per Registration Act

sanjay singh thakur (advocate)     09 May 2009

Mr. Husain is right.

V.S.R.Deekshitulu (B.Sc, B.L)     12 May 2009

Sorry Parimala. When ones the property is the self acquisition of you father and if you admit the same, then the will of you father will prevail and you have to get satisfied with the amount of Rs. 1 lac. The situation should have been otherwise if the death is intestate(without executing a will or testment)

 


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