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sarada (housewife)     23 September 2014

Married women right in her parental property

Hello Sir ,

 Greetings of the day!!!

I have a doubt about partition of our parental property.

 We are three childen (two daughters and one son ) to my parents.  My father got property from his parents. He is only son of my grand parents. My grand father also got that property from his parents. When I am 8 years old my father got divorce from my mother. In 2003 my father died. My elder sister got married in 2003. I got married in 2006. Now we want to do property share between we three children. But my brother is not willing to give us equal share like him. He is saying that he is having a will from my father and also he saying that my father get re-married my mother again. That is not True. 

 

My Questions are,

1. How to prove that will is fake?

2. how to prove my parents re-marriage is false?

 

Please give me reply.

 

 

 



Learning

 5 Replies

Jayashree Hariharan (Advocate)     24 September 2014

As per the Hindu Law amendment you too have share in the property - you are children of your father and mother who are legally wedded. Further, remarriage of your father to you mother does not affect the position as regards partition for logical reasons.

To prove that the Will is false, you have to file a case before the Court. You can file a partition suit also before the court.

Adv. Chandrasekhar (Advocate)     24 September 2014

In your query you raised several interesting questions, which require legal answers.  First, as per your naration, the property appears to be ancestral property, that came to your father from great grand father.  If that be so, then your father's will bequeathing the whole property is not legally tenable, for the reason by the moment of birth of children, they acquire deemed share in the property.  In simple terms, he could write a will only 1/4th share of the ancestral property that 3/4th belong to his three children.  That is one aspect.  If you take a plea that there is a "will", then you have to challenge his right to bequeath the entire property instead of 1/4th property, he entitled. (I am assuming that your father's mother and  your mother expired before your father died and on such presumption, I am giving this legal advice).  If such argument is accepted then your brother will have 1/2 the  share (1/4th his original share plus 1/4th - his father's share he acquired on the basis of the will).  If your mother was divorced and never married again with him then she did not have any right in the property, whether there is a will or not.  But, if she remarried and she has survived her husband or still she is surviving then the legal position is different.  She also has got her equal share in the property and then the whole property be divided to 1/4th each - one part to mother, 3 parts equally to 3 children).  The will can be challenged on several grounds, being that it has not been drawn at any point of time and it is forged one or it has not been executed in accordance with the law, i.e., it has not been signed by the testator in the presence of two witnesses or the will is drawn up under duress, coercision or during mental incapacity etc.  It is your broth's duty to prove that the will is executed in accordance with the law, and also it is his responsibility to prove your mother's remarraiage with your father, once you show that she is divorced.  You simply file a civil suit for partition along with your sister by engaging a good advocate and things start to fall in right places. 

Jimmy (Manager)     24 September 2014

If your father died in 2003, it is easy to prove the "age" of the ink of the signature. There are scientific methods and forensic laboratories that do that (though not sure where in India).  Ten years difference will be easy to detect unless the forgery was done 10 years back.

sarada (housewife)     26 September 2014

Thanks for your great rsponse. 

 

sarada (housewife)     26 September 2014

We have Agricultural land. It is in my brother's custody. He is getting the whole benefits(income) of our proprty. How to go for a crop attachment while filing a case before the court. 

Can you please tell m the process of crop attachment. 

How much time it will take?


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