Experts opinion solicited
Sanjeev Srivastava
(Querist) 08 November 2013
This query is : Resolved
Hello Sir(s) / Madam(s),
We are only daughters (no sons) of my father. The ancestral property in the name of my father got transferred in the name of my mother after his death in 1964. My mother also died in 2008. Our cousins (our uncles’ sons) kept us in dark and got the property transferred in their names by unfair means. We came to know about this in May 2010.
Our mother had written a registered will to distribute the property equally among us daughters. On the basis of this will we had reclaimed the property in our names by contesting a case in tehsildar's court for the last 3 years.
Now our cousins have challenged the will in the civil court, giving following reasons:-
1. 1. That the will was written under influence of our husbands.
2. 2. That our husbands have signed the will as witnesses.
Please advise us on the following points-
1. 1. How and who will prove that the will was written under influence?
2. 2. Is there anything wrong if our husbands have signed the will as witnesses?
3. 3. As we are natural legal heirs of our parents, Is not a sufficient enough ground to dismiss the case?
Ae An early advise will be highly appreciated.
Thanking you all in anticipation.
Regards
Advocate M.Bhadra
(Expert) 08 November 2013
Nature of property is ancestral and undivided,you are legal heirs and successors of you father then of you mother according to Hindu Succession Act irrespective to the WILL.The WILL is matter of your own share and internal issue within your two daughters, not related to you cousins.You are basically wrong to file a Probate Case added party to your cousins,which they have challenge.Rather you should have file a Suit for Partition suppressing the WILL against your cousins.Once you have filed the probate Case there is no others option,now you should give proper evidence before the Court that the property was an ancestral property and you are legal heirs of your father.
BAALASUBRAMANNYAMM
(Expert) 08 November 2013
your whole case is basing on a "WILL" which was executed by your mother in favour of her four daughters.Since it is a registered document, your so called uncle sons have no right to challenge the same. Even the signature of four son-in-laws made as witnesses on the said registered Will, could not gives any negative results.
You have a good case. Proceed, carefully.
Sanjeev Srivastava
(Querist) 09 November 2013
We would like to thank both of you for yours valuable advice.
Regards.
malipeddi jaggarao
(Expert) 09 November 2013
What do you mean by
"My mother also died in 2008. Our cousins (our uncles’ sons) kept us in dark and got the property transferred in their names by unfair means."
What information they suppressed? What is the means for transferring the property in their name. Whether you mother has registered the property in their names? You mean to say that you are not aware of the will till May 2010? If so how your husband signed as a witness on the will? Whether the will is pre-dated or post-dated to the registration (if any) of the property in your cusions name.
Query is not clear.
Rajendra K Goyal
(Expert) 09 November 2013
Certain points raised by the expert malipeddi jaggarao ji need to be replied for any fruitful advise.
Sanjeev Srivastava
(Querist) 09 November 2013
Dear Mr. Malipeddi Jaggarao,
Thanks! following are the clarifications desired by you:
1. What information they suppressed? What is the means for transferring the property in their name?
Our cousins declared themselves the heir to my mother by stating that she did not have any son or daughter and they must have greasedthe hands of the Lekhpal to hide the truth. On examining the revenue records and file, we found out that the lekhpal submitted a wrong report to the tahsildar that my cousins are the legal heir of my mother after her death and hid the truth that we daughters are there. On the basis of the report of the lekhpal, the tasildar ordered the transfer of the property in name of my cousins. When we came to know about this, We submitted the will to the tahsildar thru a lawyer and on the basis of the will the tahsildar cancelled his previous order and gave order to transfer the property in our favour.
Our cousins challenged the order but their application was rejected.
Now they have challenged the will in the civil court
2. Whether you mother has registered the property in their names?
No, she remained the owner until she died.
3. You mean to say that you are not aware of the will till May 2010? If so how your husband signed as a witness on the will?
My mother wrote the registered will in 1995 and we are aware of the same since then only.
4. Whether the will is pre-dated or post-dated to the registration (if any) of the property in your cousins name.
No registration or transfer was ever made by my mother in our cousins name.
Hope the above will help in the understanding my query.
Thanks & Regards
Raj Kumar Makkad
(Expert) 09 November 2013
Your cousins can never become the owners to the property left by your mother even if the will is established or not.
When the stand of your cousins is clear that your mother left not other legal heirs than them (your cousins), they have got no right to talk about the will.
Rajendra K Goyal
(Expert) 10 November 2013
Agree with the expert raj kumar makkad ji.
malipeddi jaggarao
(Expert) 12 November 2013
If your cousins contest the will, let them do so. You have every proof in your hands and you can successfully establish the fact that transfer of property in the names of your cousins by Revenue Authorities is based on fraudulent misrepresentation and needs to be rectified. The replies to your specific queries are:
1. Once you represent the court that the transfer of property in the names of petitioner by revenue authorities is by fradulant means, there is no need to prove about the contents of the will as you are real legal heirs and the will is also bequeathed in your names.
2.No wrong.
3.Yes. Enough.
But remember it is a civil case and it may take its own time.
