We are 4 brothers, 2 of us are from my present dad and 2 are from my mothers's previous marriage. 1 brother is missing from more than 30 years. My father has not adopted my step brothers, both were 5 years and 7 years old when my mother married to my father and got divorce from her previous marriage. My mother demised in 2019 last year. She was a government servant. She passed away after her retirement. Incidence was like my father and my mother got a fight and my father punched my mother chest. She called police on that night but she compromised and let it go without her medical. and after that she was admitted to hospital. She passed away because of lung decease as per doctor. We did not do post-mortem. During the time she was alive, Me and my mother has made house it was registered on my mothers name. My mother has wrote a unregistered will when she was in hospital and she has given that house to me in that will. No body know about this will My mother had around lakh when she was passed away. There is no nomination in bank account. She had 11 lakh her dues from her service. Nomination is on my father name I want to know following - 1) As per law in Haryana only Sons get share in property. My younger real brother has made a legal heir certificate only with my and his name and done mutation of the property. He transferred his 1/2 share to father after taking money from him. Process of transferring the property by will was in process at that time. Can I register the house on my name after this. As I have a unregistered will with me. 2) When we were doing crimination I used Rs. 35000 and gave ATM to father. He used all money from that. Can I file complaint against my father to withdraw all money? 3) Can my step brother file a case against younger brother for not including him in legal heir certificate or share in property? 4) My father has done Bedkhal to me and my brother so we can not claim anything in property.
As per hindu succession Act both sons and daughters get the share. If you register later suit can be filed for share against you.
Yes.
Yes he can file a case
You can only challenge fathers decision if the property is ancestral. If it's fathers self acquired property you can't do anything
1. As per law , Registration of WILL is not mandatory , even an unregistered WILL is valid legally.
- You should apply for mutation of the property in your name on the ground of said Will , otherwise you can file a Probate petition before the court for getting that house in your name.
2. If you was not living your father at the time of giving ATM , then you can lodge a complaint against him for cheating and breach of trust.
3. No. he will not come under the heir ship being step brother .
- Further , in the absence of Adoption certificate , he cannot claim any right over the property.
4. Bedkhal has no value in the eye of law , specially after publishing in news paper , and not from court order.
- Hence, you have full right to claim over the property of father legally.
1) you have to file suit to set aside transfer of property in brother name
2) rely upon will executed by mother duly attested by 2 witnesses
3) also apply for probate of will
4) father cannot with draw money from mother ATM account after her demise . It amounts to cheating . Complain to bank against with drawl of funds by father
5) set bother has no share in property bequeathed to you by will
6) he can apply for setting aside legal heir certificate
Hello,
You are owner of the house by virtue of Will. Go ahead with transfer of property in your name. Hope Will duly executed.
Legal heir certificate is illegal. Mother has 5 legal heirs including father. And if it is proved that cause of death is father than he disqualify to inherit her assets.
Money will distribute equally by 1/5share each.
Yes you can complain agsisnt father or partition suit to recover your share.
LHC is illegal. FIR can file agaisnt him
Father can disown you and brother from his properties but not from mothers properties.
1. If taking of Probate is not compulsory in your state then on the basis of Will and transfer deed you can proceed to mutation.
2. Don't stoop so low to file case to recover money from your father. Because of him you have got enough education to write to us.
3. Yes
4. If this is in relation to ancestral property then such deed has no force of law. Only by Will or deed of conveyance the legal heirs can be made to face ' bedakhal' and by no other means
As per Hindu Law, all children will have equal share in the ancestral property of parents.
A will can be prepared of self acquired property only not of Ancestral property.
Unequivocally a will which is not registered can not be enforced legally before Court of competent authorities.
1. This not a rule in Haryana tha only son gets the property. All children have equal rights.
You can get the house registered.
2. No
3. No
4. File suit for partition
1. You can transfer the house property to your name on the basis of the Will,however the revenue department would instruct you to submit no objection certificate from other legal heirs including your father and the other two sons of your mother out of her first marriage.
If yo are not able to get NOC then you may have to apply for probate of Will before the court competent and the probate of Will would help you to mutate the house property to your name.
2. You can ask your share in the money he had taken out by sending a legal demand notice followed by a money recovery suit if he is not giving your share in it.
3. He can very well do that becasue he is one of the legal heirs of your mother.
In fact he cannot be a step brother to you, because the mother is same for you and him.
4. He cannot do that and it is illegal, hence dont worry bout it, you can proceed with your claim as a right.
1. One of wittiness of will has died but he has given us affidavit of his wittiness in will 2. Can I file a police complaint to recover money he withdrew from bank. 3. My step brother know about mothers will. Can I ask my step brother to ask his share from father in property. So they no more be owner in property. I want to say to Me. Debojyoti if my father was good in behavior then there was no need to even ask this question. He is drunkyard and spoiled man
Can file police complaint but police may refuse to register, so have to file complaint through court. SB have inheritance right in mother money and not in property.
You can file police complaint regarding withdrawing money from bank after mother demise
you can apply for probate of mother will
1. It would be sufficient that one of the attesting witness alone is deposing evidence.
2. Police complaint will not be effective or entertained, but a money recovery suit can be filed against him.
3. You can discuss with him and decide further course of legal action against him.
Unregistered WILL is not enforceable in Law.
You can't file Police Complaint.
Yes you may ask.
1. If one witness died , then also you can produce the other witnesses as well to prove the WILL as well.
- Further the affidavit is sufficient proof for his presence at the time of making the WILL.
2. Yes, you can file a complaint against him for the offence of breach of trust and theft as well.
- Further , you can also file a Recovery suit against him .
3. Yes, otherwise you can also take legal steps against him.
It is the same man you are branding as ' drunkard and spoiled' for whom you had seen the light of the day.
1. Its ok
2. Yes you can
3. Yes
1. There is no law in Haryana which states that property will devolve only among sons of deceased.
2. Yes you can use will for getting ownership of property but the will must he signed by atleast two witnesses and you need to file suit to probate the will because it was unregistered will.
3. No you cannot file police complaint against father for recovery of money he had withdrawn from your mothers account but you can file civil suit to claim your share from savings of mother.
4. Yes your step brother can file case against your younger brother for making false legal heirs certificate without mentioning their name and he can also file partition suit to claim share from property.
Go for police complaint
on the basis of a Will you will have to file a case to execute that Will and your legal heirs have to give a no objection in the court. Once all that is done, only then the court will grant to letter of admistration.
As a rule, one should not use the ATM card of the deceased customer. The bank should be notarized of his/her death and the claims be settled as per procedure.you can file complaint with bank.
if your mother executed will in your favour then Step Brother has no share in your mother property.
There is no such thing as disowning a relationship in Law.
1) An affidavit of an attesting witness will also be appropriate.
2) you can file police complaint and also you can file recovery of money suit.