• Property division case in Delhi high court

I am plaintiff and defendants are my brothers, sisters and mother.
Property to divide by metes and bounds I filed the case for division among all 7
Equally. Recently two of the defendants supported me in court for division equal to all. Judge given the primarily decree and appointed local commissioner 
To inspect the properties. Other defendants including mother produced my father's 'will' reading as all property will go to my mother and then after her properties will go to sons only. But my mother wants to give only to two brothers
Defendants and others will get nothing including plaintiff.
What are the options for plaintiff and other two defendants who joined plaintiff.
Please advise.
Asked 1 year ago in Property Law from United States
Religion: Sikh
1) when did your father die?

2) is will attested by 2 witnesses ?

3) has any probate been applied of will ? 

4) the contents of will have to be perused 

5) were you informed of will on  father demise ?

6) if you were not aware of will and contents not disclosed to all sons on father demise it is suspicious circumstances surrounding will 

7) In any case partition suit proceedings would be stayed and your mother will have to prove the will 

8) your mother has only life interest In property 
And she cannot bequeath entire property to only 2 sons
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
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1. Has the will been probated?

2. If your mother has produced a will which states that the property will go to her and after her to sons then your mother cannot give the entire property at her sweet will to her two sons alone. The maximum she may do is make a will is respect of her own share in the property.

3. You and your brothers are entitled to succeed to the property of your father after your mother's lifetime.

4. If the will has not been probated then you may challenge it.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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The new development of producing the Will ha to be pleaded in the court which decided the partition suit and passed preliminary decree.  What made your mother not to contest the suit on the basis of the said Will in her possession?, In the final decree stage she cannot raise this issue in the same court, she has to prefer an appeal against the pre-decree before the appellate court for the relief if there is any.  So you may object to her claim at this stage and insist on proceeding with the trial proceedings before the court at final decree stage.  
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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1. The Owner of the property can only dispose the property in any manner he likes.
2. Since your deceased father was the absolute owner of the property, his wish is to be carried out after his death by following the contents of the WILL written by him, if the WILL is attested by two witnesses. Then the property would devolve to your mother & thereafter her demise, the property would devolve equally to all her sons.
3. Assuming that the property still stands in the name of your deceased father, your mother is not the owner of the property at the moment and she cannot execute a WILL bequeathing the property only to her 2 sons superceeding the WILL executed by your deceased father.  
4. All the 7 of you can enter into a family settlement deed regarding this property and divide the property amongst yourselves in the ratio to be decided amicably by all of you and settle the matter once and for all.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0

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