Right of sisters in mother property
Mitul
(Querist) 30 January 2013
This query is : Resolved
My father executed a gift deed in 1966 on the name of his wife my mother and transferred all his assets including all immovable and movable properties / assets ( which includes bank balance, cash balance and all other investments in form of shares, mutual funds etc) Later in 1967, he expired and all assets were in name of my mother. He has 2 sons and 4 daughters. But the property was all given to his wife by a gift deed as mentioned above.
Later in 2008, my mother made a WILL, wherein she distributed all the properties to her 2 sons, daughter in laws and her grand children’s. The copy of the same is available with us, but the same is not registered. My mother expired in 2009 and after this event, 2 daughters among 4 made a dispute and asked for their share in the properties. Without discussing this with us, they submitted direct notices to concerned offices and asked them to stop the process of changing name on properties claiming that the WILL is fake.
There are four properties A,B,C&D. We were successful in registering name on all properties according to the WILL executed by my mother
As on today, we have received further notice that they also intend to have share in gold, silver and jewellery items.
My questions:-
1)Whether mothers property can be claimed by daughter’s ?
2)If WILL is not registered, and the other 2 daughters are with us, so is it a strong case for us to fight in Court?
3)Or any other best solution, you can suggest on this?
ajay sethi
(Expert) 30 January 2013
registration of will is not mandatory . it is necessary to obtain probate of mother will . daughters can dispute genuine ness of the will . contact alocal lawyer
