Daughter's right in father's property
BRIEF DESCRIPTION OF FACTS AND QUERIES
My father was a retired central govt servant and expired in 1993 at the age of around 75.
He had 4 sons and 2 daughters and the second daughter died in late 70’s.I am the first daughter
He owned 2 properties one in kalyannagar having a plot area of 370 sq.yds and 2 story construction and the other in siddharthnagar with plot area of 300 sq.yds and 3 story structure. As you may be aware of they are near AG colony.
The purchase document of kalyannagar property shows the father and all 4 sons as share holders,and the sidharthnagar property shows father and last 3 sons as share holders
He had a plot in Alwal which was sold off in 90’s through a notarized deed by only 2 sons.
First 3 sons are US citizens and 4th lives in the 1st floor of kalyananagar property.
During his life time and as of now, his last 2 sons share the kalyannagar property. One of the two lives in US and a US citizen.
The other property is shared by 2nd and 3rd sons,who are US citizens and live in US and 4th son.Thus last 2 sons share 2 floors out of 5 floors combined in both properties and the second son in 1 floor.
The first son who is a US citizen and my self who lives in Mumbai are not given any share.
The above happened because our father who had made a will under dubious circumstances left his entire property to his last 3 sons only and we came to know about this only after 3 years. We did not demand this to keep family relations and respect towards our deceased father and his wish not to give anything to us.
During past few days,his last 3 sons approached for signing a release deed.
During e-mail sharing between us and their lawyer the following information came to light. According to the lawyer the will becomes unenforceable as the land documents shows sons names also and first son also has to be given share in kalyannagar property as his name is included . He also says that his signature is also required in the siddarthnagar property as the registrar may insist as his name is included in the other property.First it was indicated that I am eligible for 1/6 th share in my father’s share and now they informed me that I do not have any claim.
MY QUERIES ARE
1.Whether the will is unenforceable as the sons are shareholders?
2.Whether I am eligible for 1/6th share of my father’s share or more and if they require my signature on the partition deed.?
3.Whether they are trying to erase my physical existence in a dubious manner or my consent under these conditions is not required?
4.If they indeed require my consent for partition how to prevent them from proceeding by trying to hide my existence before the sub-registrar.?
5.Is equal right to female daughter in Hyderabad applicable as per succession law prevailing in AP in 1993(The year of my father's death).
I would request legal advice on the questions above.
Asked 3 years ago in Property Law from Mumbai, Maharashtra
1)on demise of your father probate ought to have been applied in bombay high court . in mumbai it is mandatory to obtain probate .
2) it is necessary to go through the contents of will made by your father .
3) whether it is attested in presence of 2 witnesses ? whether your father was of sound mind at time of execution of will ?
4) in the absence of will you are entitled to 1/6th share in respect of properties standing in name of your father .
5) your consent would be necessary for sale of property .
6) you can issue legal notice to your brothers and file suit for partition .
7) since it is self acquired property of your father you have share in the property .
8) also whether your brothers were earning at time of purchase of the 2 properties is also to be considered .
9) consult a local lawyer
Hi, if the property is ancestral property then all the sons and daughter has equal right over the property and it is a self accquired propeery then he can dispose the property according to his wills and fancy.
?. From your narration the property is self accquired property of your father and he has executed will and and will is not challange in any court of law.
?. So wether you have right over the propery or not it is difficult to say without go through the contents of will.
Since my father has other co-parsoners in the property, whether he can write a will for the entire property or is the will valid as far as his portion is concerned?
Asked 3 years ago
father can execute will only in respect of hi share in the property
Hi, if the property is ancestral he can write a will only to the extent of his share.
1. Property in Kalyannagar is registered in favour of your father and his 4 sons, so all 5 of them are equal owners thereof, whereas the property in Sidharthnagar is owned by your father and his last 3 sons.
2. Was your father the sole owner of the plot in Alwal which was sold by your brothers? If yes, were they authorized by your father to sell it?
3. Since your father was not the absolute owner of the property in Kalyannagar and Sidharthnagar he could have made a will only in respect of his own share therein. If he has made a will the property would devolve in terms of the will.
4. You have an equal share in those properties owned by your father, in respect of which he did not make a will. You may cull out your share therein by filing a lawsuit for partition in the court.
5. A will requires mandatory probate in Mumbai. So if the will has not been probated then it has scrap value.
6. If the will was made by your father under dubious circumstances then you may challenge it in the court on the ground that the lack of free consent has vitiated it. If the court sets aside the will as illegal you will get an equal share in the properties of your father to the extent of his share.
7. If your brothers were not earning at the time of registration in their favour of the properties purchased by your father then you may challenge their ownership in the court.
1. The Will is required to be seen for advising properly,
2. If the will is unenforceable, you will get equal share of your father's share of the property,
3. If you sign a consent letter and/or execute a relinquishment deed, then you shall not be able to claim your share on the property,
4. Do not sign any consent letter and file a partition suit claiming your share of your father's share of the property, if you so wish.
1. A erson can execute will bequeathing his property only and not otehr's property,
2. Moreover, probate on the Will has to be taken to make the Will legally valid.