We are three kids. Me and my sister and one elder brother. My parents wants to make a will. They are staying in a large piece of land( around 2780 square yard) which they want to equally divide between all three of us. My brother is not willing to share with us. My question here is if we have a will still can he trouble us in future. If he will say that its all mine what all actions can we two sisters take. Right now he has spread his wings all over the place. Even opened a NGO ( Kids school under RSS). And if we have a will in which its written that property will be divided equally then he can say that i will take all the front portion or i will not give you and can forcefully push us out ...what all we can write in will to make things happen smoothly for us in future. Please advice .
Best option is for parents to sell land during their lifetime
2) in alternative execute gift deed during their lifetime
3) will takes effect on death of testator
4) if your brother refuses to share land you will have to file suit for partition for division of land by mets and bounds
5) partition suit takes 10 years to be disposed of
- As per law, daughters are equally entitled to get share in the property of her father
- Your father can write a Will during his life time after mentioning the details of the portions of the land which each will get.
- However , a Will can be disputed after the demise of father on various grounds
- Hence, the better option is a registered gift deed which your father can execute during his life time.
- A gift deed once executed then it cannot be cancelled on any ground.
1. Instead of your parents executing a WILL, let them gift equally to all their three children by executing a Gift Deed and registering it in the jurisdictional Sub Registrar's Office. By doing this, the property would be equally divided amongst you, your sister and brother. The property gets transferred during the lifetime of your parents' itself.
2. In case your parents don't agree for executing the Gift Deed and want to execute WILL only, then let them clearly mention the land demarcated into three parts clearly mentioning the boundaries. The WILL has to be witnessed by atleast two persons, who should not be beneficiaries.
You can ask your parents to execute a registered gift settlement deed dividing the entire property with proper demarcation to all the three of you and it should be a conditional settlement deed that the property can be acquired by all the three only after their lifetime and they only shall be entitled to receive all the profits or income out of this property
By this your brother cannot challenge or deny your rightful share in the property.
However if your parents would like to transfer the property by a Will, then they may have to ;
1. register the will
2. divide the property into three equal parts with proper demarcation
3. Properly allot the divided property to each by name in the schedule of properties to be mentioned in the Will.
You can ask your parents to specify in their Will as to which portion they wish to give to which children. Furthermore, ask them to get the Will registered as registration of your parent's testament(Will) will be difficult for your elder sibling to disprove. If your brother forcefully disposesses you in future, you can seek help of Police.
If your parents don't want any dispute in future amongst three of you, ask them to rather execute a Gift Deed in favour of you three siblings, thereby giving the portion/portions of the property, which they intend to give. Stamp duty is nominal for executing Gift Deeds in Haryana.
Dear Client,
In the case your parents set out a will to bequeath the property between you and your sister, it will give a legal channel to follow in the division of the property. However, if your elder brother declines to share, he also may try to take over the control. In order to avoid future conflict, the will should state which part of the property belongs to a particular heir and that no person is allowed to sell or transfer any part of the property without the consent of all the other parties. In case of dispute, you and your sister can take a legal action in accordance with the provisions of the Partition Act, 1893 and approach the Court to get the property divided in accordance with the proportionate share. Moreover, the Hindu Succession Act, 1956, grants equal portion to all heirs disregarding your brother’s intention to have large pieces of the property. It is desirable to execute the will in such a manner that the management of the estate is not hampered after the death of parents; it is also possible to obtain the will probate, which will be legally valid. Seeking services of an advocate to draw the will with appropriate terms and conditions is crucial to safeguard the rights of the property owners against possible future legal battles.
Hope you find this answer satisfactory.
it the WILL is duly registered than non can question your share. Better divide the specific portion in the WILL to avoid future compilations, Later he refuses than you can file partition suit on the basis of WILL.
