• Property dispute (Joint Hindu Family)

The case is in context to Joint Hindu Family property( Property at Madhya Pradesh)
Following is the case timeline for which I need a solution
•	My great grandfather in 1953 purchased a residential property  via Mortage Sale Deed Agreement ,
•	in 1955 he passed away, 
•	in 1959 his eldest son my grandfather got it released in name of Great grandfather propertiary firm(The property was HUF for purpose of income tax only)
•	In 1974 under Joint Hindu family the great fathers business and properties (immovable and movable) was divided to his three sons. My grandfather in his portion received the subjected property   
•	In 1984 my grandfather willed away his business and properties to his only son and did not gave any share to his 9 daughters (5 married and 4 unmarried at time of will)
•	In 1984 grandfather passed away 
•	In 1989 the will was registered 
•	In 2011 my aunts are asking for their share in my grandfather property
Are they liable for any share and whether my father can execute the grandfathers will his name for sale of property. Also my aunt’s are liable for the liabilities of HUF if is one

Note : All daughter in the above mentioned cases are married the latest was in 1992
Asked 2 years ago in Family Law from Ujjain, Madhya Pradesh
Religion: Hindu
1) will was made in 1984 . ie 30 years back . whether any witness to will are alive? 

2) in order to prove the will you need to examine atleast one attesting witness . 

3) the property appears to be ancestral property . you have not mentioned how in 1974 property was partitioned whether deed of family settlement was made / was it duly stamped and registered? 

4)whether any legal notice was issued by your aunts ? 

5) whether any suit for partition has been filed by your aunts ? 

6)whether on your grand father demise property was mutated in your father name ? whether any relinquishment deed was executed by your aunts ?please clarify
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1) partition deed has to be duly stamped and registered if there is division of property among family members by metes and bounds . 

2) A memorandum oral partition recording a past transaction need not be registered.it is necessary to go through partition deed to advice . 

3) if suit for partition has been filed in your defence you have to state that on partition among grand father and his brothers it was self acquired property of grand father which he beqeathed by will . 

4) you will have to apply for probate of will . since one of AW is alive do it at earliest . 

5) mere fact that your father got his sisters married off does not dis entitle your aunts from claiming share in property .
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. Although without perusing in a threadbare manner all the documents related to the property it is not possible to state with exactitude whether the property is ancestral or not, yet from the facts furnished by you, this property seems to be ancestral in character as it was purchased by your great grand father. The antecedent title deeds would clearly demonstrate the ancestral character or lack of it of the property. Ancestral property belongs equally to your aunts until and unless they executed a relinquishment deed in favour of their brothers.
 
2. If the property is ancestral then your aunts have an equal share therein which they can cull out by moving to court and filing for division. If your aunts can show the property to be ancestral the partition of 1974 will be held illegal and your aunts will be awarded their share. 

3. How was the will registered 5 years after the death of your grand father? If the will has not been probated then probate it immediately. The will made by your grand father will also have to be challenged by your aunts to succeed in their claim. If the attesting witnesses of the will are alive then they should come to the court to vouch for the genuineness of the will.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) The major issue is whether the said property was passed to your grand father by Will or by natural succession. Iit looks from the fact that it was passed through natural succession; thus, your aunts have rights in the said property even if it was transferred to your father by Will.

2) Considering the will is registered and valid, the limitation period to challenge a will is three years from the knowledge your aunts had; it looks it is over for them. I don't see it can be challenged now.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
1. Has your father not entered appearance in the court in the partition suit filed against him by his sisters? If no, he should immediately engage a lawyer and defend the case lest his sisters walk away with an ex party decree awarding them an equal or greater share in the property. If the decision has already been passed then immediately apply to court for setting aside the same so that the case may be reopened.

2. If the attesting witnesses are alive then it augurs well for your father. 

3. Whether the partition deed of 1974 is stamped and registered? If it has not been stamped and registered then it is a nullity.

4. The will could have been executed by your grandfather only in the event that this property was his self acquired property, and not otherwise. This is the defence which you have to take in the court.

5. The marriage of 4 of your aunts by your father does not operate as a bar to the enforceability of their proprietary rights by your aunts.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Hi, if you prove that joint family property partitioned in the way back then there case for partition did not sustained in the eye of law you have to prove before the court that earlier partition taken place between the family members and your grand father cant make will in respect of joint family properties even if you prove the will through the witnesses.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. ur aunts have share in said properties and they can claim their shares.

2.get probate of will from court.

3.take help of local lawyer also so as to take right legal action .
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. When your grandfather expired on 1984 then how was his Will registered in the year 1989 as stated in your initial query? 

2. However, the copy of the Partition Deed/Settlement Deed needs to be seen to come to a conclusion whether the property is ancestral or not,

3. If your great grandfather's property has been legally partitioned/settled by all his sons & daughters, then the said property is not an ancestral property and your Aunts can not claim any share in it,

4. No accepting Sumons/Notices issued by the Court does not give you any advantage at all. Rather Ex-Parte order may go against you and your Aunts can file execution petition for execution of the order for which their shares may be devided by meets and bounds,

5. As regsrda the Will of your grandfather, you shall have to apply for probate bacause without probate, an will has no legal value at all,

6. Apply for probate immediately to lay your claim on your garndfather's willed property,

7. Your father's spending money on the marriages of your Aunts have no connection with the instant matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Had your father produced the copy of the Will during the hearing of the partition suit filed by your aunts, it would have been in your advantage,

2. Now, they have got the ex-parte partition order without any contest,

3. Engage an experienced lawyer to deal with your case properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Dear Client,
There is no scope to get the property legally by your aunts. Your grand father himself executed a registered WILL in favor of your father. Need not worry , the property absolutely and exclusively belongs to your father .
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
your father can produce the registered will executed and your aunts will not get the share .it belongs to your father only otherwise they must prove that will is ot genuine with proof
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Querist
the properties are ancestral and not self acquired property, the will is challengeable and your aunties have shares in these properties as legal heir of your grand father. it will be better to settle the matter amicable. because your grand father has not legal right to execute a Will of the properties which is ancestral.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5217 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0