Will
Querist :
Anonymous
(Querist) 21 October 2011
This query is : Resolved
Dear Sir,
My father bought a house on 1954 from his own earnings at Valavanur village, Tamil nadu and registered in my mother's name.
at present my father is 94 years old he lives with me ,
My father had two daughters me & my elder sister, we are 65 & 68 years old
My Mother passed away on 2004, She wrote a will on 1983 and registered, it states after both parents death the sole owner of the property is the youngest daughter that is me,
My father had given his full share he received fom his ancestor property to my elder sister on 1980 it is worth RS 2 lakhs at present date
my father own earned house worth Rs 15 lakhs at present date
After my fathers death if my elder sister claims a share in my fathers house, and files a case in the court saying the will was forced to write by me, in favour of only one person that is me
or my mother is not in sound mind while writing the will, or my mother was seriously ill while writing the will, any thing can be claimed by my elder sister.
will the court will consider the case ??
please note both the witness who had
signed the will are passed away,
now the chance of proving in the court has narrowed down.
my elder sister is not financially self sufficient like me, as she got separeted from her husband & living alone for the past 35 years,her life is struggle day to day
my elder sister had bad character and never took care of my parents at any stage due to this my mother wrote will in favour of me.
Is there is any other alternative to avoid court ( since it will take several years & never know wether the judgement will come in favour of me)
after my father's death my elder sister will not give NOC to sell the property, in that case what is other way to sell using the will???
still my father is alive is it possilble legally for my father to give gift deed in favour of me
is my father has legal right to give gift deed to me since he had registered the house in my mothers name she had passed away
what is th best option for me
please answer
Thank you,
Sundari
Nadeem Qureshi
(Expert) 21 October 2011
Dear sundri
the Will is registered and the will is conditional also till both the parents is alive the will have no value. but after death of you father you are sole owner of the property, if you sister filed a suit against you or for cancilation of will, the suit will be dismissed
prabhakar singh
(Expert) 21 October 2011
All possibilities that you apprehend as action against the will by your sister can not be ruled out.
since the will is registered and old it does have value.
your father has treated the property of your mother by his conduct,hence at this juncture he can not treat as his own to gift.
In the will life interest has been given to him where after you shall become absolute owner. a suit may be designed on his part against you on the basis of will asserting
life interest and getting later same compromised between the two so that will becomes in light.
you are advised to consult a local lawyer in this connection in the light of my advise.on death of your mother your father and you both sisters are heirs in absence of will.your father admits the will,hence it would be better to frame a suit during his life time that to by him.
Devajyoti Barman
(Expert) 21 October 2011
Yes your sister can definitely challenge the Will at the time when you apply for Probate.
However if you become successful to remove the suspicious circumstances then nothing could be done by your sister.
Raj Kumar Makkad
(Expert) 21 October 2011
There is no need of probate of will as you live in a remote village, however, you sister after demise of your father may file the suit for partition and possession then you bring your will to light and prove its execution beyond reasonable doubts so her suit shall be dismissed. You need not to go to civil court and get your property mutated after demise of your father and sale it as desired without obtaining any NOC from your sister.
Devajyoti Barman
(Expert) 24 October 2011
It depends upon whether in the particular State taking of probate is compulsory or not.
In West Bengal the remote village does not make any waiver in taking probate of the Will if one wishes to act on it.
