• Father's property trying to grab by third party.

We have a piece of land bought by my parents in 1979. In my family I have an unmarried sister, My wife and a son. My mother died in 2013, and my father solely owned the land. Now someone persuade my straight-forward father (about 75yrs of age) to make a Will for any unknown part of the land for his name. My parents married in 1972 in court stating that "any property we bought will be only to name our children". The original court marriage certificate is with us. How to prevent this process of intentional conspiracy. Please advice.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Your father is at liberty to bequeath property by will to whomso ever he pleases

2) your father can revoke the will at any time

3) if father is not mentally fit make an application ti court for being appointed as his guardian

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. the children have share by birth in the property of father only if the same is ancestral in nature.

2. So in other words the children have no right of share by birth in the self acquired property of father.

3. In that context your father is free is make any gift deed , sale deed or Will transferring all or part of his self acquired property to anyone he choose and none of his children can raise any objection to it.

4. Do note further the declaration made by your parents at the time of registration of marriage has no legal force.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

First of all marriage certificate never conveys property or describes to whom it will be conveyed. That part is unclear from your part. Since you all were not born at that time that cannot be gifted or conveyed unless in form of some agreement between your parents. Secondly, before your father makes any WILL to third party , you as legal heirs should ask him to make a WILL in his children's favour. If you think that the person hatching plot to cheat/misguide/conspire your father to WILL away your share of property then you can file an FIR in that respect. That will help in probate case if any such WILL is made. Else, final solution will be an injunction order to restrain your father from making a WILL but Assam falls under diabhaga school, so your father can totally alienate you during his life time and you can do nothing against his will.

Talukdar Foxwheel
Advocate, Guwahati
16 Answers
1 Consultation

4.9 on 5.0

Will takes effect on death of testator

You can challenge the will on father demise if there are suspicious circumstances surrounding the will

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Firstly, to discredit the will your father support is must.

Secondly, if your father is alive then you can’t challenge the will no matter what is mentioned in the certificate as will only executes after the death of the maker of the Will.

Either you wait for his demise (sorry to say so) to challenge the will on the ground of illegal will or convince your father to make another will in your favour.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If the property belongs to your Father by a registered title deed, then he shall be the absolute owner of this property.

Thereby he can dispose this property in any manner and to anyone of his choice.

Nobody can question his authority.

The one what you say that your parents have made a declaration on their marriage that any property bought by them shall belong to their son's name is not enforceable or tenable in law.

This will be brushed aside by court if you claim your rights in the property on this basis.

You show the relevant property documents to an advocate in the local and seek his advise on this.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Is there any method to stop my Father's will by applying in Local Circle office and District Court? Or any option is there. My father is Old so the person easily handles him by saying 'your children are not supporting you'.

Legally you cannot stop your father since he is the absolute owner of the property

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

WILL is effective after death of father. Such WILL can be revoked any time before death of father. Take your father in confidence, Execute another WILL revoking previous WILL or if it is not registered, torn the original.

It is up to u, to care your father and realize him, your true concern for him, And if u can`t do even this, than the other person is right.

Look after your father. and get the WILL revoked.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a police Complaint against the said person. You need to know who is that person and why your father got persuaded for the same.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

Hi,

You are suggested to take care of your father and also give the wide newspaper promulgation that the condition of your father is not good and any transaction done by him would be void.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

The same can not be done, since the property at present is the self acquired property of your father and can be disposed/ willed by him in any manner as desired by him.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As and when the will later is filed for probation, appear before the court and challenge the validity of the will on the ground that the same was made at the old age and was obtained by coercion.

At this stage there is no way by means of which you may stop your father from making a will.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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