My father has ancestral property in one state and his own property in jharkhand where he lived and earned. He has 2 sons and 1 daughter. As per his last Will and testament, he has given the ancestral property to both his sons. The land and house in the state where he lived and earned and also died has been given to his daughter that is myself. In lieu of the land and house, his Will instructs me to give 5 lakhs to both my brothers. The Will was not registered before his death, however is a valid Will with all proper signatures and witnesses and also certified by a doctor. Now, my brothers claim the Will to be invalid and want more share in this land and house as well. They are claiming 50% share and are not ready to accept the 5 lakhs that the Will specifies. What legal options do i have and how can i enforce the Will of my father legally?
Asked 10 years ago in Property Law
Also, do my brothers have any rights to this property which my father has already given to me as per his Will? This is not his ancestral property and has been made with his hard earned money. His ancestral property is in Bangalore which he has already given to both my brothers as per Will and they have also got it registered in their name. Now they want share in this property in jharkhand as well which is legally my as per the Will. Please advise
Asked 10 years ago
I do not have any interest in the ancestral property. it was in this good faith that I had even appeared in court in bangalore when my brothers were getting the ancestral property registered on their names. I never imagined that they will stake claim in what has legally been given to me by my father, the property which he built and purchased with his hard earned money. Now what are my options and also does the Will not being a registered one pose any threat to my rights?
Asked 10 years ago
Yes, I appeared in court and gave an NOC on the ancestral property being in good faith of the wishes of my father, however I never knew that once this was done, my brothers will stake claim on what is rightfully mine as per the Will. Now that I have already appeared in court for giving off my stake on the ancestral property, can I again send them a notice seeking share on the ancestral property? Also, how valid is an unregistered Will?
Asked 10 years ago
Thanks a lot for all the assistance and guidance provided.
Asked 10 years ago