• Dispute over share

Sir, my father and mother bought a plot and started constructing it. My mother died last year and  house was half constructed at that time and now is about to be completed. My father had spent all his savings on constructing this house. Moreover, we had taken loan from the bank which was in my mother's name but due to mother's untimely death loan had been shifted to my father's name and he is paying the installments. My mother had left a unregistered will in the name of my father. Since we have to take completion of home, now my sister which is married is asking about her share from father. She haven't spent a single penny in construction of that house and never supported our family My father asked her to give share in construction as we had financial crunches and he had spent all he has in completing this home but she outrightly refused and keep on demanding her share. We are a middle class family and don't have money to give her share now. And we don't want to sell that home as we have no other house. Now she had filed a case against my father and me that  we don't want to give her a share and this home should not be transferred to anybody without her consent. What are the legal options with us?
Asked 3 years ago in Family Law from Panipat, Haryana
Religion: Hindu
The plot was purchased jointly by your father and mother. Who had paid the purchase amount of the plot? In whose name has the plot been registered? Your mother had made a will in the favour of your father. In terms of the will left by her the entire land now vests in your father. As a corollary thereto, your sister has no right in this land. 

As per the facts mentioned by you, she has filed a case in the District court seeking stay over the transfer of this property to any one else. You should forthwith engage a lawyer to contest her case, else the court will pass a stay order.
Ashish Davessar
Advocate, Jaipur
19628 Answers
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your father should apply for probate of will . since he is the only beneficiary in will your sister wont have any rights on said house . contest case filed by your sister on merits . engage a local lawyer . court will club both suits together
Ajay Sethi
Advocate, Mumbai
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1490 Consultations
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Hi
Contest the matter in the court.present the will and let the court decide on it.if the will is treated genuine then the sharing will  not take place.in case the will is turned down by the court your sister will have 1/3 right in the shares of your mom
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
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registration of will is not required ,if your father has a will in his name he can get it transfered and sister or any member of your family has no right to any share.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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Ur father alone has right over the property, provided he can prove that the Will is genuine.  It is not mandatory to register a Will.   Contest the case filed by ur sister, produce the Will in the Court before she gets a Stay.  

However if the Will is not genuine she is entitled to 1/3rd share in ur mother's share.
Jagruti Vora
Advocate, Mumbai
9 Answers
10 Consultations
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your mother was absolute owner of property as plot was registered in her name . once she has made a will bequeathing property to your father and will has been signed by her in presence of 2 attesting witness   your father would be entitled to probate of will . sister wont have any share in the property
Ajay Sethi
Advocate, Mumbai
27408 Answers
1490 Consultations
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apply for probate of will . for your information will need not be on stamp paper
Ajay Sethi
Advocate, Mumbai
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1490 Consultations
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As the plot was registered in the name of your mother even though the purchase amount was paid jointly by her and your father, this property belonged absolutely to your mother. In terms of the will made by her during her life time the property now vests in your father who has an absolute right over it. Your sister has no share in the property.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
Apply for probate of the will, and contest the case filed by her.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0

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