• Mother's property share

Hi Sir/Madam,

My mother (Lakshmi) has passed away in 20.5.2007 and wrote an unregistered will in 20 Rupees Stamp paper on 18.12.2006 for her father's ancestral property to my name (sathish).
My mother has one brother(Nataraj) who has complete possession of the property and nataraj has transferred complete property to his son through partition deed (Sivaraj) in 2019.
I have one brother (Ramesh), though my mother has 2 sons. Since I (Sathish) took care of my mother for last 15 years for her lifetime she has wrote a will to my name.

Please note that there is no partition happened between My mother(Lakshmi) & her brother (Nataraj)

Is unregistered will valid after 15 years ?
Also I hope there is no share for my brother (Ramesh).
Can i get the property share from my mother's brother (Nataraj) ?
Asked 14 days ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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21 Answers

File suit to set aside partition deed to claim share in property 

 

seek injunction restraining sale of property by sivaraj

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

1.The Willi is  valid and even in absence of it the sahre of your mother devolves upon her legal heirs.

2. In such circumstances your uncle can not usurp her share and to claim the same you can file a suit for partition and for recovery of possession.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

1. a Will is not compulsorily registrable. The unregistered Will is valid

2. under the Will your brother Ramesh is not named a legatee. So he has no share

3. yes. file a suit against him. 

Yusuf Rampurawala
Advocate, Mumbai
6088 Answers
50 Consultations

5.0 on 5.0

1. You shall have to apply for and avail grant of probate by the appropriate court in India.

 

2. Once you get probate of the said will, you can challenge the partition deed registered by Mr. Nataraj  in favour of Mr. Shivraj.

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

Your mother's share of property,  if bequeathed to your name then you can very well proceed with the acquisition of property by enforcing the Will.  You may have to obtain NOC  from your siblings to get the property transferred to your name in the revenue records. 

Your paternal uncle cannot grab your mother's share of property. 

You can initiate proper legal action against him for retrieving the property. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

answered

Yusuf Rampurawala
Advocate, Mumbai
6088 Answers
50 Consultations

5.0 on 5.0

Your brother can contest the will 

 

2) better option is to apply for probate of will 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

Unregistered will would be valid even after 15 years. Application for condonation of delay will be filed.

Your brother would uave no share, if will is proved to b3 genuine.

Also, you can claim your share from Nataraj. File a suit for partition for the same.

Siddharth Jain
Advocate, New Delhi
5666 Answers
73 Consultations

5.0 on 5.0

1. Registration of WILL is not compulsory but only optional. Even unregistered WILL signed by two witnesses is legally valid.

2.  Send a legal notice to your uncle for claiming your right over the property.

3.  If there's no positive response from your uncle, file a suit for declaration and possession of your share by metes and bounds.

4.  Your brother will have right irrespective of whether the WILL executed by your mother is a registered one or an unregistered one, since as per your narration it's ancestral property.

Shashidhar S. Sastry
Advocate, Bangalore
3473 Answers
201 Consultations

5.0 on 5.0

As per Will, the properties bequeathed in the Will shall belong to the beneficiary named in the Will.

If the other legal heirs challenge the Will, the beneficiary may apply for probate of Will and establish his/her rights in the proeprty bequeathed in the Will. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

The property is ancestral property of mother’s father that is your grandfather. Mother has not right to transfer the property to you as Natraj is having half share in it. The partition executed by Natraj in 2019 in favor Sivaraj is also invalid as Satish and Ramesh has half share in it. You will get half share in the property from Natraj. File a suit for partition and separate  of property against Natraj you will get half share but you have to give half of it to Ramesh. The will is ineffective as the property is ancestral and as the property is ancestral Ramesh  has right to share with you.

Ravi Shinde
Advocate, Hyderabad
642 Answers
7 Consultations

5.0 on 5.0

It is valid if it conform to the requirements of law. The perusal of the contents of the WILL can answer other questions. 

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
1921 Answers
8 Consultations

4.9 on 5.0

Dear Sir,

1) Registration of will is not necessary, unregistered will is thus valid.

2) The beneficiary mentioned in the will, will get the property thus your brother will not get any share.

3) Yes, you should file suit for partition, possession and declaration of you mothers property share in you name. 

4) Your mothers brother cannot claim whole ancestral property as his

5)  Injunction should also be filed against shivraj (son of uncle) and Uncle from creating any third party interest, ie preventing them from further selling off the property.

5) As mentioned above your brother will not get share, but he can file suit against validity of the will, for which you can seek probate of the will.

6) probate of the will - A probate is a certified copy of a will issued by the court that acts as a proof that it was the last will of the person who made it. Thus a probate is a method through which a Will is certified, under the seal of a court.

Thank you

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

1. It is not mandatory that will shall have to be registered. Even hand written wills are also valid.

 

2. Only the beneficiary of the will be the owner of the property after probate of the will is availed.

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

Non registration dues not affect validity of will 

 

what is necessary is that will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

First of all,  the property inherited by your mother from any source I.e., through her father or her husband or from her grandfather do not fall under the ancestral category. 

From your contents it can be observed that your mother inherited the property from her father and this will not categorized as ancestral property hence the Will bequeathing the property is very much valid. 

 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

1. Registration of WILL is not compulsory. Even an unregistered WILL will have the same legal validity as that of a registered WILL.

2. Since it's ancestral property, your mother could execute a WILL only to the extent of her share in the property and not for the entire property.

Shashidhar S. Sastry
Advocate, Bangalore
3473 Answers
201 Consultations

5.0 on 5.0

1. Registration of WILL is not compulsory. Even an unregistered WILL will have the same legal validity as that of a registered WILL.

2. Since it's ancestral property, your mother could execute a WILL only to the extent of her share in the property and not for the entire property.

Shashidhar S. Sastry
Advocate, Bangalore
3473 Answers
201 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

1) Unregistered will is valid, as registration of will is not necessary.

2) Once your mother inherited her share of the property, it becomes her self acquired property.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

1. Unregistered will for any type of property is valid.

 

2. A will  has no value more than a scrap paper unless it is probated (only wills for properties in few places like N.Delhi are considered as valid without probate)

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

yes its valid you can execute the same and distribute the property as per the said will,

Prashant Nayak
Advocate, Mumbai
23214 Answers
49 Consultations

4.4 on 5.0

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