Property right
Ram
(Querist) 02 May 2009
This query is : Resolved
Dear Sir
My father who died on 2000 has made all settlement thro' registered Will in which he has authorise to enjoy the property ( agricultural land) his only son and also mentioned that he had settled his 2 sisters by the way of cash and jewels. The year of Will register is 1995 during which all sisters were got married. Now one among the two sister wants to go court for claim the father property by equal rights due to jealousy whereas other sister has accepted that father had given enough settlement by way of cash and jewels.Now the above property is still in the father name.But all other control under me incl. property tax receipts. She may stop the name transfer also. In this case, if she go to court, what will be the result? Or what is your advise to execute property as per Will.
n.k.sarin
(Expert) 02 May 2009
Mr.Ram ,no doubt your will which is a registered document presumed genuine one. there is a mistake on your part that you does not mutated the said property in your name on the basis of said will.you must proceed to apply for mutation as early as possible. Delay creat doubts.if your sister go to court I think there is no chance of her success.My advise is, you must proceed as per will without any delay.
Y V Vishweshwar Rao
(Expert) 03 May 2009
I do agree with learned friends Sri R Sivasubramanian & Mr N K Sarin
You proceed with mutation and let the other family member file the suit, you have rights to claim the proerty udner the Will deed .
With regards!
Ram
(Querist) 03 May 2009
Thanks for the opinion given by MrY.V.Vishweshwar,Mr N.K Sarin,and Mr Sivasubramanian. The soemof the properties indicated in the Will are Self-aquired and some are ancestral property.But for all property the legatee is the Son only as other member were given cash and Jewels
adv. rajeev ( rajoo )
(Expert) 05 May 2009
It is not clear in ur question, the property is ancestral or self earned. Ifit is self earned they u don't have to worry, if itz ancestaral then ur sister can seek their rights because after the amendment of hindu succession act they are coparceners.
Ram
(Querist) 05 May 2009
As i am little bit confuse on property details on What is self-acquired Property and ancestral Property . Nowaddays in Tamilnadu all are ( of about 80 %) self -acquired property only. I will tell you how the property came into my father name. Some portion of the property( say 2 acres) like house and agricultural lands are purely bought by my father in his lifetime and it is absolutely self-acquired property. Other property he got from his father(i.e My grandfather) thro' Will . In that Will , my grandfather has divided two shares and gave,one share for my father and another for his brother But both families were lived in a separate and enjoyed their property each .Similarly Father's brother has divided the same for his family members two cusin brothers. Like this my father has acquired the share from his father. Similarly my grandfather has got these property by way of Will as he is the only son for my great grand father. This is way of other property has come to my father and now got these prperty from my father by way of Will.
I think there are so many definitions were given coparcener and ancestral property. Please clarify above .Is that self -aquired or ancestral property?
Also there was point in the Law amendment that "on and from commencement of act 2005 " . My sisters are all married before 1986. and this laws commenced much latter after 2004/2005
Hence Please clarify and what should be the confidence level for me if my sister ( One of the three sisster) goes to court. and what will be the probability of success for me in these situation and defined property details
