Trying to sell my share

Sir, 

my father and mother have a joint property an have got the same resgisered in haryana few years  back and now my father has made a registered will under whcih he has mentioned that he gives me and my brother a part of the property ..will taht hold true and compelte in terms of execution of ownership after his death ?

can we - self and my brother get that share and sell/own that share.

regards

Bhavna,

If it is your father's self acquired property, the will come into force upon his demise only. It is only after his demise you can sell your respective shares.

Dear KP,

how did the  property devolve on your father in the first place..? ( Inherited, partition, self acquired) and what is his religion..? Succession and partition laws depend on the religion he professed during his life time.

hi VIsh

thanks for your prompt response. my father did purchase the property in 1963. he was a hindu all his lfe. please let me know if you need any other info

Thanksfor the reply....i wish to only execute this post the demise of my father ..but just wanted to ensure that in case the property is jointly registered , it does not make any diff as long asthewill exists post that and is registered....

the will clearly mentions the demarcation and divivion of assets between self, my brother and my mother....so it shoudl not br a problem?

Bhavna,

If the will clearly demarcates the boundaries and clearly defines your share and your brother's share, you will have no legal problems in future.

Dear Kp,

Since it is the self acquired property of your father, the will executed by him is binding in all aspects. I am not sure why a spa will be mentioned in a will, but the portion mentioned as yours in the will is binding. The transfer done by your brother is illegal and you may get the portion of the property devolving on you through the will as yours by filing a declaratory suit along with an injuction against third party alienation.

dear Vish

at this point my priority is to find out how the entire property is registered by my brother in his name despite the property being in my name. as i stated earlier the will was made by my father in 2004 and the registration was done in 2006. my brother only got to know about my father's will in 2010 after my father's death. before that my father made another will in 2003 where the entire property was divided in two parts- one share fro me and another for my brother. but then i gave a SPA to my brother stating that i dont require anything from the property and everthing was to be named in favor of my brother. thats beacuse i was married and well-settled then. my husband died in 2004 oct and then in dec 2004 my father made two will; one where he granted me the section of a property and another will where the rest of the property was granted in the name of my brother's children. after all of the above, i was wondering if my brother registered the property and executed the sale deed in 2006 for the entire property on the basis of the will of 2003 which was scrapped? thanks

Dear KP ,

From the given facts, I am guessing your brother has produced some forged documents to get the property registered in his name before executing a sale deed. Pl take the encumberance certificate of the property and find out all the documents that have been created on the said property and then go for a suit to set aside the fraudeulently created documents including the sale deed.Approach Fast tract courts in your place to seek speedy redressal of your problem

hi vish

at this point my biggest concern is that if the documents are indeed generated fraudulently, what exactly can i do to prove it so the current registration and the subsequent sale deed are cancelled. my brother and his family reside outside india and i live here alone with my son.

also with the current sale deed made in 2006 and the property under my name per my father 's will executed in 2004, would it be ok to take possession of the property? can my brother legally stop me from living there?