will
siva
(Querist) 27 March 2017
This query is : Resolved
My father mother has given a will on my mothers name in 1981.my mother gifted me in 2001 and registered on my name from 2001.my father brother daughters have made partition suit.will is unregistered and I have mortgaged in bank in 2015 .they are saying they are not aware of property transfer till now and challenging me
Guest
(Expert) 27 March 2017
If it is an Ancestral Property Only the Share of your Parents you would be eligible and Transfers would be Illegal.If it is self acquired of your Parents the others do not have any Rights.
Guest
(Expert) 27 March 2017
But you have a chance that as per Limitations Act 1963 the Time Limit for filing the Partition suit would be only 12 years and it is more than 35 years Now as per your statement.Meet a Local good Senior civil side Advocate with all details
Sudhir Kumar, Advocate
(Expert) 27 March 2017
Sketchy story given by you indicates that they have lost limitations
siva
(Querist) 27 March 2017
Thank u for reply ,Property was bought by my father and registered on his mother's name.
Guest
(Expert) 27 March 2017
Then it is Ancestral Only.Meet your Advocate.Proving the genuineness of the Will you could succeed.
Guest
(Expert) 27 March 2017
This is your two different queries in two days.Is it genuine Please
siva
(Querist) 27 March 2017
Sorry,this is genuine .
I will put on history in properly
A property registered on female xyz in 1956 she has bought from a another lady.
With her elder son money
She had 2 sons and three daughters.
Before xyz dying she had written a will in favour of her elder daughter in law and her second son was not in the possession of property.a will was written in 1981.elder daughter in law has gifted to her only daughter in 2001 a property was registered on only daughter from 2001.xyz second son daughters are claiming for partition.
Guest
(Expert) 27 March 2017
If it is genuine no problem and thanks
Kumar Doab
(Expert) 27 March 2017
In case of testate succession (WILL) the authority under whose jurisdiction property falls say MC, has a set procedure e.g; certified copy of the WILL, death certificate, legal hier certificate, NOC from other heirs/newspaper advertisement etc etc……………are requirements………..
Apparently the WILL has been acted upon without any cloud on it.
Bar by limitation has already been responded above.
Kumar Doab
(Expert) 27 March 2017
If partition suit has already been filed in court then contest it on merits.
Engage a very able counsel specializing in such/civil matters, at your location.
siva
(Querist) 27 March 2017
The plaintiff say they came to know about will in 2016 after receiving cavit and saying will is forged and the my original will in bank?
Rajendra K Goyal
(Expert) 29 March 2017
The property was purchased by father in the name of his mother, it was self acquired property in the hands of father's mother. She bequeathed the property in the name of your mother, after her death your mother has the property as self acquired, her gift is valid.
Your father's brother has no share in the property.
Kumar Doab
(Expert) 29 March 2017
You have posted that:’father brother daughters/ xyz second son daughters are claiming for partition.’
If the WILL: of mother of father brother: has been duly acted upon during life time of hers sons (Including Palntif’s father) and daughters, without any cloud on it (as per set procedure of the authority) then it should be in your favor.
Ancestral Property is Property inherited upto 4 generations of male lineage.
Rest is facts, record, and merits that are to be argued in court of law.
If partition suit has already been filed in court then contest it on merits.
Engage a very able counsel specializing in such/civil matters, at your location.
Kumar Doab
(Expert) 29 March 2017
You have posted that:
“The plaintiff say they came to know about will in 2016 after receiving cavit and saying will is forged and the my original will in bank?”
Which original WILL? The one in your Mother’s name or Plaintiff is claiming another WILL exists?
You may draft your posts properly so as to convey a clear message.
Hope you mean to convey in your posts that your father spent from his known self earned/source of income.
If partition suit has already been filed in court then contest it on merits.
