Does father wish will speak without any willing notice he made?
My father was having two land property in Tindivanam., and both he was wrote on behalf of his mother (My grandmother) and some years back he rewrote one of the property to his name from his mother.
After my brother completed his study my father got new three lands and wrote to my brother's name and he told him clearly "the property which belongs to me (which he rewrote back from his mother) should be your younger brother only" This statement knows by all of my father's friends, sister, mother and relative etc.,
After that My brother got married and he sold two of the lands with house built in that and he didn't provided any share to me and my sister (sister is elder and myself is last) from that.
My father was telling me to own that land which is belong to my father name for long time and he was suffered with cancer so I don't want to stress him regarding the property. I haven't tell him like he is having cancer. And myself taking care of my father for four years and he died 2015.
Then after one year my brother rised property sharing issue. now he is calculating only two lands which is there in name of my grand mother and my father and he didn't consider of those three land which is there in his name.
Currently My sister also asking share on those property.
So please advice which is the correct way to proceed it by law?
Asked 2 years ago in Property Law from Tindivanam, Tamil Nadu
Unless the wish is reduced to writing it is not tantamount to a will. The last will of the testator will supersede all his previous wills. Once the will is executed then it will close the doors of succession on those legal heirs of the testator who are being excluded from the bequest made by him.
1) partition has to be done for all the properties standing in father name , brother name
2) since your brother was not earning it should be your case that property bought for benefit of joint family in brother name . that brother is trustee of said land
3) file suit for partition for division of all lands by metes and bounds
4) seek injunction restraining brother from selling the said lands
The properties left behind by your father upon his intestate death shall devolve equally on all his legal heirs.
Your younger brother was given the property long ago during the lifetime of your father, so that cannot be termed as intestate succession.
After that property was transferred on his name, he became the absolute owner to that property hence that cannot be mingled with this.
As far as the properties now left intestate shall devolve equally on all the legal heirs of your father, this is position of law.
Dont get duped or cheated by false assurances by anyone stating that he cannot get any share in this since he was already given his share.