Brothers cheat sisters on property after father's death

Querist : Anonymous (Querist) 18 April 2010 This query is : Resolved
Sirs,
We hail from Tuticorin in Tamilnadu. My father died on 26.02.2008 leaving
1. my mother
2. Two sons
3. Three daughters. I am the Second daughter to my father.
My father acquired all the property from my grand father as portioned properties and gifts.( ie. Ancestral.) My father sold most of the properties and left the following properties only:
1. One dwelling house.
2. 2Acres .20Cents of land (Out of 5.32 Acres of land gifted by my grand father to my father, 2.18 Acres were sold by my father and 1.12 Acres were transferred to my brothers by my father by settlement.deed)
• Just ten days before his death he sold one other property. He himself went to the Sub-Registrar’s Office for registration.
• On 31.05,2003 and on 27.08.2003 my father wrote settlements to my elder brother and younger brother respectively giving 1.12 Acres of land which were sold out by my brothers.
• After my father’s death my both the brothers partitioned the property (1 and 2)without our knowledge stating that there is a WILL with date 31.3.2004 written by our father, which was not shown to us till date.
• The partition of the property had been done with the help of Revenue and Tuticorin Corporation Authorities without our knowledge.
• Our mother died on 21.07.2009.
• We the three sisters propose to take up the case to the court.
I have some basic doubts in this case which I kindly request the learned experts to clarify for which I shall be highly thankful.

1. Whether my father has/had right to write a WILL to give the remnant ancestral property to his sons alone, leaving the female legal heirs?

2. Is it legally correct on the part of my brothers to enjoy the property without our consent and without even showing the WILL to the female members who are also legal heirs?

My younger brother is a Printing Press Owner and a master printing technologist and there are more chances and possibilities that the WILL could be a fabricated one. On this context I like to ask the following :

3. Is it possible to prove the WILL is a false and fabricated one?

4. Is it not mandatory to get probate from Court before partition is effected?

AMARJOTHI MUNEESWARAN

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Raj Kumar Makkad (Expert) 19 April 2010
1. No. Your father could not have made will against the properties received by him in inheritance and even if made, such will is illegal ab initio and is liable to be set aside.

2. it is entirely illegal but you file a suit for partition and they shall bring the alleged will in court and you get it challenge on all available grounds. You can demand the double amount of mesne profits being derived by your brothers out of the properties mentioned above.

3. Law is very clear. Who so ever asserts must prove. it is the duty of your brothers to prove the will but as I told above, such will even if proved true cannot be relied upon and it is entirely illegal and cannot sustain.

4. Yes. It is mandatory.

Uma parameswaran (Expert) 19 April 2010
You can file partition suit as well as declaration suit.As ancestoral property is concerned any deed with out the consent of the legal heirs are viod .So the WILL and the sale deeds executed by your father is null and void.

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