My father died in the year 1997 and my mother died in the year 2016 , my father aquired the property from his father i.e from my late grandfather. Already one property has been given to my sister 7 cents which has been registered as settlement in the year 2010 by my mother. I am living in another house which is also acquired from my grandfather 5 cents . recently my sister approached the court that my mother has given half of the property through will. How far they can claim from my propety my mother thought that givng 7 cents as settlement they can no more have any rights in the scheduled ;property in which i am living as deemed to be. please give valuable opinion madam as per christian law./
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1. it is not clear in which manner your father acquired this property through your rand father.
2. if the said property he got on death of his grand father then the same is ancestral in nature and hence your sister does not have any share in it.
3. In that event you father having dies before 2005 your sister can not claim any share in it though she can retain the property which has already been transferred to her.
On demise of father your mother , you and your sister were legal heirs
2) your mother could bequeath her share in property by will to your sister
3) it has to be proved that mother executed will
Firslty, whenever there has been a settlement with respect to any property in the form of the partition to assign selective portion to each then everthing depends upon the contents of the settlement deed.
Secondly, as to know what was the purpose of the same deed, and what other property on which the person does not have any right in favour of whom the deed has been executed.
Thirdly, if there are something like that then you may need not to worry about anything.
See if there was such condition in the settlement deed that you sister is settling her share with 7 cents see cannot claim further but in case mother made further will in her favour from her share she can claim same.
See after father death the property shall be divided into three share you your mother and sister, out of that from sister has 1/3 share, further your mother from her share can give her more property. So in case at time of father death it was not divided in proper way you can claim proper partition further and cancellation of the will and settlement as the property was not properly partitioned as mother has only one third share not complete property.
proper answer can be given by looking at documents only.
1. Your mother's competence to make a will was limited to her own share in the property of her husband i.e the one which he had inherited from his father. She could not have made a will over and beyond her share therein.
2. If the house that you are now living in was owned by your father then on his intestate demise (without making a will) it has devolved equally on all his legal heirs including your sister. Unless your sister has relinquished her share in this house she can cull it out by filing a suit for partition in the civil court.
3. There is no 'deemed' release of share, it has to be specific,
What is the language of settlement deed, this much share of property will vest in her and not other right ?
This is my response to you:
1. Since you are a christian therefore laws of Indian Succession Act will apply;
2. You can file for stay on the court proceedings;
3. Also file counter arguments stating that the property was already divided and you and your sister have got their shares;
4. Therefore your sister is trying to grab the property through deceit and methods of cheating;
5. File a police complaint as well against her;
6. As per Indian Succession Act, the children will get equal share;
7. Therefore if there exists a Will, then the Will has a superseding effect.
Distribution of property
The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules given below.
Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.
Where the intestate has a widow-
1. if he has also left any lineal descendants, one third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules here in after contained;
2. if he left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the rules here in after contained:
3. if he has left none who are of kindred to him, the whole of his property shall belong to his widow.
Lineal descendants mean descendant born in lawful wedlock only.
As per the above rules, your sister is entitled to a share in the properties left behind by your father,
The settlement made by your mother will not be legally accounted in this distribution.
