Dispute on ancestral property between male and female sibling
My father inhertired ancetral property by two partiation deeds of 1962 and 1991. The 1962 partion was betwwen my grand father, my father amd his yelder brother. The second partion was after the death of my grandparents, between my father , his yelder brother and his two sisters. My fatehr is survived by my mother, my brother and myself. He has made a registered will in 1989 for the proeprties of both the partions in favour of my brother. The will was made by father in1989 for the properties that were partioned in 1991 also. That is he made a will for the properyies that he would get even at a latter stage. My father passed away in 2014. My brother is refusing to give any share of property to me stating the will. Have I any right over the propery? Under the pretext of negotation, my prother had transfered the revenue records in his name and had made family settlements to his two sons.
Asked in Property Law from Coimbatore, Tamil Nadu
Once partition had taken place it ceases to be ancestral property
2) your father can bequeath property by will in favour of your brother
3) if will is regd and attested by 2 witnesses even if you move court to challenge the will you may not succeed
4) you will have to prove that your father executed the will by undue influence or coercion or father was not of sound mind at time of execution of will
Actually since the property was your father's own and absolute property, he had full rights to make a testamentary disposition of the property, hence your brother is right by refusing to give any share to you.
But he should get the grant of probate for this will to make it more authenticated.
However at this stage you may file a partition suit against your brother which shall fetch you the desired result,, in that you can file an injunction petition restraining your brother from alienating the property till the disposal of the main petition.
The will prevails over natural succession. By executing a will in favour of his brother your father shut the doors of succession on you. So you cannot claim a share in the properties which have been bequeathed by your father to his brother.