• Land dispute

Dear sir my father has did will for land and house in the name of my brother and my self and my mother ,my father had two daughters from first wife she died 20 yrs back ,now the my sisters claiming for share in land and they put case  in court ,as they are not good with us so my father did entire property will with my brother and mother and myself .............my father passed away one year back how to go ahead now other party threatening us to give equal share among four ,my sisters will they get share if my father did not mention their name in the will??thanks
Asked 4 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) yiu should apply for probate of father will 

2) it has to be proved that your father executed will I'm presence of 2 attesting witness 

3) your sisters woukd not then be entitled to any share in property 

4) in your reply to partition suit rely upon father will 
Ajay Sethi
Advocate, Mumbai
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The execution of a will closes the doors of natural succession on the legal heirs. It is the will that is to prevail over natural succession. So if a suit has been filed then contest it fittingly in the court.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
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was property registered in father name on MIL demise ?

2) how did MIL acquire property? 

3) apply for probate of father will as advised 
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
Nobody gets a property on the basis of an oral wish communicated to him but not reduced to writing. It is not clear on what basis you are claiming that your father is the title holder of the land. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
as they are not good with us so my father did entire property will with my brother and mother and myself .............my father passed away one year back how to go ahead now other party threatening us to give equal share among four ,my sisters will they get share if my father did not mention their name in the will??thanks




If this was your father's self acquired property or had been inherited from his parents o vide any partition deed etc., he was the absolute owner of the property with marketable title on his name.

If he had the marketable title o the property then he is eligible to transfer the property to anyone of his choice and desire. 

Since he had marketable title he made a testamentary disposition of property in favor of the beneficiaries named in the bequest made therein.

If the will was witnessed by two witnesses, then the will is valid, however since there arose a dispute, you may apply for probate of will through a court competent.

After getting grant of probate you may apply for transfer of records in the name of the beneficiaries accordingly.

In any case, your step sisters are not entitled to any share in the properties that were bequeathed by a will by your father in favor of the beneficiaries named in the will. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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my father got this property from his mother in law ,when she was alive ,but it was not registered deed  by oral saying my father got MIL land , 
 daughters from first wife of my father claiming the share now
my father passed away one year back 
he did will in 2009 in the name of sons and his second wife 
he didnt mention his daughters name


The problem in this acquisition is that the so called mother in law should be the mother of your father's first wife who would have transferred the same orlly to your father for the benefit of her grand daughters owing to her own daughter's death. 

Moreover this seems to be an oral transfer, your father never acquired the property legally on his name hence he may not have marketable title to the property now bequeathed through  the will.

Thus the bequest made may not be legally valid and  the property shall belong to your step sisters  if the legal heirs of your father's mother in law do not have any objection to it. 

In this situation, it will be better to arrive at a compromise with your step sisters and give them a share in the property ignoring the will or the bequest made therein and settle the matter amicably.

If they go to the court, the decision may be in their favor too, so think about all pros and cons before denying them their shares in the property.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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