Father & Son Jointly acquired property declared in Father's will
During 1979 to 2000, my father and me jointly lived and earned money. till his retirement, i have handed over my salary etc., to him.
After 1992,june(retirement), i have taken full financier responsibility till 2000 while he was a pensioner.
All put together, we acquired four properties but all in the name of my father.two houses and one plot in his name. one plot in my mother's name.
In 2001, a will was written and registered without my knowledge after he was separately (2000 onwards) living in the other house.
The will says-
1. all three properties are acquired out of his earning resources.
2. one house which i am continued to reside will be in my name
3. other house will be in my sister's name.
Equal rights legislation for son and daughter came during 2005-06.
1.since, the acquired properties are jointed earned, the will saying contradictory, can will be contested
2.injunction order to stop all the transfers to be taken if will is effected based on the conditions said in will.
since, it is jointly earned properties.
3.equal rights on the property for me and my sister holds at what status, since the will is dated prior to the
act. i.e., 2001.
4.50% of the jointly earned assets (my entitlement), he can not write the will, can it be challenged.
5.1/3rd of the total enttilement of my father, i.e., 50%* 0.33= 16.66% only the will can hold to write as per
his wish. the clarification to the extent is correct or not.
While case entry into the court: the bases
1.contradicting the self earned property as said will and partition suit
2.proving my extent of jointy earned property interests and filing partition suit.
3.injuction order applying not to effect transfer as per will challenging the self earned status of my father.
till jointly earned interests are clarified in court of law or out of court settlement.