Daughter share in father property
Querist :
Anonymous
(Querist) 21 January 2022
This query is : Resolved
My father had 3 daughter and 3 sons .
All the property in his name was purchased by him .
He expired in 2001.
My mother expired in 2015 .
I am 71 years old now .
My brothers divided my father property among themselves through unregistered will ( came to know about the same recently) dated 2000.
Can I claim my share in father property ?
Is the recent supreme court judgement helpful in my case ?
Plz advice .
Thank you
Sudhir Kumar, Advocate
(Expert) 21 January 2022
when did your father die?
when did you know about father;s death?
what did you do so far to claim your share?
when did brothers distribute share?
how is it that so far you never knew about the division?
whether the will was unregistered or the distribution is unregistered?
Querist :
Anonymous
(Querist) 21 January 2022
My father expired in 2001.
I came to know same time about his death .
My brothers told me that my father has left behind his will dated year 2000 and distributed his property as per his will among themselves in 2009 .
They told me it was his last wish and there are only complying .
Will is unregistered and they have not sold any property till date but distributed among themselves .
Plz advice
Querist :
Anonymous
(Querist) 21 January 2022
Will is unregistered and they have not sold any property to third party till date but distributed among themselves and redistributed through sale deed among themselves .
Advocate Bhartesh goyal
(Expert) 21 January 2022
There is no legal requirement to register a will even it does not have to be on stamp paper or notarized. A valid will requires signatures of testator and two witnesses on it.Even if you have any doubt on will, you may challenge the genuineness of will and claim your share by filing partition suit.
Querist :
Anonymous
(Querist) 21 January 2022
Sir ,is there any time limitation for filing partition suit to challenge the will ?
Advocate Bhartesh goyal
(Expert) 21 January 2022
Issue a legal notice to your brothers and and ask them to make partition of house and if they don't respond the notice or deny then you may file partition suit , it will be in limitation period.
Querist :
Anonymous
(Querist) 21 January 2022
Sir ,thanks a lot for your advice
P. Venu 
(Expert) 21 January 2022
Yes, it makes no difference that the Will is unregistered. You have option to file a suit for partition pleading that the property is left intestate (that is, there is no Will) leaving it to the brothers to plead and prove the Will.
Querist :
Anonymous
(Querist) 21 January 2022
Sir ,thanks a lot for your advice
Dr J C Vashista
(Expert) 22 January 2022
File a suit for partition and possession in the civil court of jurisdiction.
It would be better to consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Querist :
Anonymous
(Querist) 22 January 2022
Sir ,thanks a lot for your advice
Sri Vijayan.A
(Expert) 25 January 2022
I endorse the advice of Sri Goyal and Vashista
