Division pf property among children
Querist :
Anonymous
(Querist) 30 January 2012
This query is : Resolved
hello, My father-in-law died in 1991 leaving my husband,his brother ,4 sisters and my mother-in-law .he did not leave any will.He owned two plots of land which were registered in his name. Recently ,we(me and husband) came to know that a Will has been created under my father-in-law's name a stating that my mother-in-law is the legal owner of the two plots .and then those plots were then registered as gifts from her to my brother-in-law.And now, my brother-in-law has registered a part of the plot as his gift to his wife.
kindly suggest how to proceed and get back our rightful share of the property
M.Sheik Mohammed Ali
(Expert) 30 January 2012
if your father in law did not make any will than all the legal heirs are equal rights, except 4 sisters, and all the member can make partition. as per law levied shares.
Querist :
Anonymous
(Querist) 30 January 2012
True ,but my brother-in-law has forged a will under my father-in-law's name.and got all the property registered in his and his wife's name. can we dispute that will now,if so how..? please suggest
Querist :
Anonymous
(Querist) 30 January 2012
so there is no way that we can prove that the will has been forged..?
ajay sethi
(Expert) 30 January 2012
contact a local lawyer. you have to challenge validity of willl . refer it to handwriting expert . prove that will is forged . file suit that transfer of property is vitiated by fraud .
adv. rajeev ( rajoo )
(Expert) 30 January 2012
If you suspects that will is created then your husband has to file a suit for partition and seperate possession against all the parties in whose name property is transferred. Burden lies on your husband to prove will is sham, bogus and created. burden also lies on the mother to prove that will is genuine one.
Raj Kumar Makkad
(Expert) 31 January 2012
I have similar views as of sethi and rajoo.
Querist :
Anonymous
(Querist) 31 January 2012
thank you all,
I have a couple doubts. please suggest...
1)The forged will is on an white paper and type written one. and it has not been registered.We have a copy of my father-in-law's signature on the registration papers of the plot. is that signature enough to prove that the signature on the will is forged one.
2)The year mentioned on the forged will is 1990 and the plot was registered in 1981. will the time gap pose any problem in proving that the will was forged.
ajay sethi
(Expert) 31 January 2012
you will have to refer documents to handwriting expert to prove signature is forged .
expert will compare signature on the will and other documents signed by your father in law and submit his opinion .
prabhakar singh
(Expert) 31 January 2012
The signature of your father in law available on registration paper is sufficient for comparing with the forged one.
Devajyoti Barman
(Expert) 31 January 2012
do apply for appointment of expert to check the genuineness.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 January 2012
