Hi

Yes you should proceed legally via a civil suit for getting your share.

You will receive the equal share as your brothers.

Thank You

Yes it does

you can challenge..

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

1. the affidavit varying the bequests made by your mother in her Will is not valid

2. the Will has to be followed as it is

3. the Will cannot be varied by the legatees named in it

4. the mutation done on basis of affidavit is also not valid

5. what could have been done is this:

mother bequeathed the property to her 4 children in unequal shares. The property ought to have been transferred to the sons as per the directions in the Will. Thereafter the brothers would inter se release their share in excess of half to the other brothers such that all 4 had equal shares. This would be required to be done by a registered gift deed between the brothers. As no such thing was done, the affidavit varying the terms of the Will is not binding on the brothers and is invalid in the eyes of law

Hi, since the mutation was done after death of mother and all agreed for equal share, you may press for equal share and partition accordingly

1) once affidavit is executed all 4 siblings woukd have equal share in property

2) affidavit is binding upon parties

Affidavit would supersede will

Relinquishment could have been done only under a registered deed of relinquishment and just the affidavit is not sufficient.

Hence the will shall prevail over this affidavit.

This is a week case to contest.

The decision taken collectively by all the siblings that they will share the property equally, resulted in some siblings relinquishing certain of their portion in favour of the other. This could have been done only under a deed of relinquishment and not through an affidavit.

Sir the affidavit is the family settlement and that shall be treated as valid document of the family settlement and you can file a suit for partition based on the family settlement affidavit claiming your share in the property.

Yes it shall supersede as the affidavit is made after the disposal of property by will and the beneficiaries by the way of family settlement has made the same so it will be valid.

Dear Client,

Releasing share or acquiring share can be possible through registered deed only, through affidavit settlement dose not effect.

If in affidavit, it is mention that beneficiaries refused the bequest and willing to share property equally than you have claim.

the affidavit has full value in the eyes of law.

If they present the will for probation then challenge the same and otherwise of they take the share as per the will then file a partition suit in the court.

Regards

1. Property can be divided only through registered partition deed, not a notarised affidavit. Since a registered partition deed is not executed the property continues to be undivided, and will of your mother prevails over the affidavit.

2. Affidavit has no force of law.

The affidavit cannot be any documentary evidence for the proposed partition.

Basically the will is the base title document for all four of you, hence the recitals of the will shall apply to this situation.

So the affidavit has full value and does it supersede the earlier will executed by my mother

The affidavit is an unregistered document executed for the purpose of mutation of property alone.

If the matter is referred before court, then the will alone will stand on this.

1) You have rights to challenge WILL as its rights powers are overruled by affidavit by providing equal sharing ratio.

2) Need to now the details WILL and affidavit clauses what you people had mentioned so we can guide you appropriately.