1) you need copy of the will .
2) in absence of will daughters can claim equal share in land
3) they can challenge the partition deed made in 2005
Can sister go to court if the father will lost after registration
Hi, my father has 2 sisters and one brother, my grandfather died in 1993 leaving a will ( unregistered will) to his sons ( all the property is earned by my grandfather only), so the sons have partitioned and registered the property based on the will in 2005. we can't find the will right now, knowing that now the 2 daughters sent a notice that they have a right to the property, how should we go about it? since we registered the land based on the will, can we go to court? BTW: Sister 1 married in 1945 and sister 2 in 1953.
Asked 8 years ago in Property Law
Religion: Hindu
5 Answers
the will is mentioned in the register partition done in 2005, even then can they challenge?
Asked 8 years ago
is the will enclosed in the regsitered aprtition deed .
2) for muatation of property in name of sons copy of wqill must have been given to revenue authorities . check their records
3) if you dont produce the will ssisters can claim their was no will executed by their deceased father
1. The partition on the basis of Will is not valid unless and until the probate of Will is taken.
2. So since the Will is not available then you can not reply on the Will anymore and the sisters can rightfully claim their sahre in it.
3.The sisters have a good case for getting their share but the brothers have no case.
If our grandfather had made a testamentary disposition of his property by a will of testament bequeathing his properties in favor of the beneficiaries and if the beneficiaries hav e already acted upon the will by partitioning the properties among themselves, the sisters who were were let out in the will cannot claim any share now in this property.
Their claim is not maintainable.
You do not go to court, let them approach court seeking their claim which can be challenged properly in court by producing the partition deed in which the history of the will would be mentioned.
the will is mentioned in the register partition done in 2005, even then can they challenge?
You can even get a copy of the will from the registrar's office or the very mention about the will in the partition deed would suffice to prove the proper partition basing the will.