• Father did not write any will

I have a mother and we are 5 sisters all married.my father has died in year of 1997.but he has not left any will on any name.my mother has prepared some fake papers on her on name of the property..and on the basis of that papers she has prepared GPA on the name of all the sisters..but now she is denied to giving the GPA papers to two of my sisters and blackmailing them that if they will not give 10 lakh rupees each to her so she will revoked the GPA.
Also one of my sister is with her as she wants to get revoked all the GPA on the name of every sister as she doesn't want to give any share to any body apart from herself.and she is only whose fake sign is there on the fake papers by the name of my faters and she is the only who has taken the govnt job of my father after my his death.
1.will my mother has all the right on the property by default after my father death in case no will, or each and every daughter should also get the equal proportion of the fathers property.
2.does that GPA has some value which prepared on the basis of fake papers and my mother have right to revoked them?
3.can i take some action againt my sister who is in govt job and has a invovement to do a fake sign of my father on the fake papers. Which has a notery only.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Dear Sir/Madam, as per your query, all sisters and your mother have get equal share on that property, secondly, GPA is not valid and it can be revoked at any time, thirdly you can take legal action against which are involved in that misguided scam of GPA in respect of your father's property.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

the porperty of your father shall devolve equally on all the legal heirs

Neither your mother nor your one sister cannot take away the entire property.

You file a partition suit and claim your share in the proeprty

T Kalaiselvan
Advocate, Vellore
87353 Answers
2347 Consultations

1.No, your mother does not have full rights on property of your deceased father .The property rights will devolve upon the surviving wife, son s & daughters.The daughters will get only one share so to be devided .

2.The fake GPA only notarized is revocable and basically not valid in law as GPA has to be registered before the registrar of assurances for immovable properties.

3. Yes, your sisters can be booked for doing forgery in competent court.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

on father demise your mother , 5 daughters have equal share in property standing in father name

2) if mother has forged father signature you can file case against your mother for forgery , cheating

3)if it is proved that will is forged GPA has no value

4) obtain hand writing expert opinion on whether will has been signed by your father or not

5) you can file complaint against your sister if she has forged your father signature

Ajay Sethi
Advocate, Mumbai
97151 Answers
7843 Consultations

1.If your father has;eft without any Will then all ofyou have equal share in the proeprty along with your mother.

2.if you are sure that the paper is fake then she can not reply upon it and to put pressure upon her you can scare her of lodging complaint with Police.

3.Making a fake Will is serious criminal offence.

4. So I would rather suggest you to file a suit for partition in the local court and ask for 1/6th share in the proeprty.

Devajyoti Barman
Advocate, Kolkata
23262 Answers
515 Consultations

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