Property
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
Hi,
My name is Madanlal(67 years) living in ahmedabad. We are three brothers and 5 sister. My father was having two property in Agra. In first property my younger brother was living with his family. First property is three times bigger than the second property. After my father's death all property were transfered to my mother's name. My mother decided to divide first property among two of my younger brothers and one of my sister(Widow). And the second property was for me. When the will was made i was not in india. In that will first property was mentioned and it was distributed among three of them. Second property was not mentioned in that will which was supposed to be my part.
Now, they have got their part but my property is still in the name of my mother. She died in 2001. I want to get it on my name but my one brother had signed NOC but second is not signing the NOC letter.
Also, I would like to draw your attention that in the will my mother made a thumb impression, but as i remember perfectly my mother was receiving govt pension and she used to sign the doc everytime. How can a person who know his signature will give a thumb impression on will.
Plz give me some advice.
Thanks
Sankaranarayanan
(Expert) 24 December 2011
as per your query those property what you mentioned, suppose to title on you is complicated now. without your brother and sister's objection only it will transfer.
As for as the first property concern now you raised the suspicious query that those will not been prepared by your mother, then what way you stand to prove your suspect and doubt. Is there is any evidence on it?
Querist :
Anonymous
(Querist) 24 December 2011
Thanks for the reply. I would like to inform you that the will was made in 1996. And she died in 2001.
My mother was receiving govt pension and every month she used to go to bank to withdrawn the amount. If i can get some document from Pension Dept or from bank which she had signed in 1996 or after, Will that document be sufficient to prove that some thing wrong had been done by my brother.
B'coz why would a person give a thumb impression in a will if she already knows her signature.
Plz reply......
prabhakar singh
(Expert) 24 December 2011
When a person signs ones thumb mark is not sufficient in law unless some specific reason is given in the document as reason behind having not signed.
You seem to have cogent evidence to show that will is forged and invalid,hence challenge the will and claim your right in all the properties according to Hindu Succession Act as on the death of your father you all brothers and your mother and sisters inherited equally1/9 in all properties including your mother hence your mother had no right to testate any thing more than 1/9 by will(even if it is genuine). Try other 4 sisters to take in confidence and get a relinquishment deed registered in your favor.Then file a suit of partition with respect to all properties and if they set up the right by will challenge it as forged one and also with out right.
V R SHROFF
(Expert) 24 December 2011
You have to inquire witnesses.
Even Thumb Impression can be compared with Pension Papers.
Once you Challenge the WILL, it will affect your Share.
Shri Prabhakarji advised you , that you can follow.
Guest
(Expert) 25 December 2011
If you can prove that at the time of making will with thumb impression she used to receive pension by putting her signature on the pension drawal papers, your job will become quite easy to prove the will to be forged one.
Devajyoti Barman
(Expert) 28 December 2011
Yes I agree with the views made above.
Querist :
Anonymous
(Querist) 27 April 2012
The will was made by my mother in the year 1996 and she expired in 2001. Can we challenge the will after so many years. Is there any time limit to challenge a will? Plz reply
Querist :
Anonymous
(Querist) 31 May 2012
The will was made by my mother in the year 1996 and she expired in 2001. Can we challenge the will after so many years. Is there any time limit to challenge a will? Plz reply
