• Property dispute

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 3 years ago in Property Law from Ranchi, Jharkhand
1. If the property is ancestral then it could not have been given by our father in entirety to his sons. If the will made by him comprehensively vests the entire ancestral property in your brothers then the will itself is invalid. 

2. As regards his own property which he has willed to you, your brothers have no legal right in it as the will made by your deceased father bearing the signatures of the witnesses is final . 

3. Since your brothers are questioning the will of your father you may file a case in the court of District Judge seeking recognition of your ownership rights in this property. 

4. That apart, you may sit down with your lawyer to show him all the documents of the ancestral property and the will made in respect thereof so that he may objectively explore the possibility of challenging the will inasmuch as it vests the ancestral properties entirely in your brothers overlooking your rights therein.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1) ancestral property would devolve on all 3 children not merely the sons . father cannot bequeath the entire ancestral property to his 2 sons . 

2) as far as self acquired property is concerned as per will said land and house has been bequeathed to you . the will has been duly executed by your father in presence of 2 witnesses . your brothers cannot claim 50%share in said property . 
3)you should send a letter by Regd post Ad to your brothers offering them sum of Rs 5 lakhs   as mentioned in said will . let your brothers refuse to accept the offer . 

4)since you desire to enforce the will of your father the executor should apply for probate of will . in case your brothers challenge the will the bequests made in your brother favour of ancestral property will not stand . 

5) contact a local lawyer . on what basis was ancestral property in bangalore transferred in name of your brothers . did you execute any relinquishment deed in favour of your brothers . ?
Ajay Sethi
Advocate, Mumbai
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1214 Consultations
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you ought not have given NOC in favour of your brothers . if you have duly signed relinquishment deed you cannot lay any claim on the ancestral property
 please note that  unregistered will is valid . your father must have appointed executor of will . let executor apply for probate of will . also send letter to your brothers enclosing cheque of Rs 5 lakhs . if your brothers refuse to accept it no problem . it shows that you have sought to act as per your father wishes .
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
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I have nothing to add to what Mr.Sethi has said except to say that act strictly under the instructions of a local lawyer lest your proprietary rights are defeated due to a procedural lacuna.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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