Lokadalath award and will
kumar
(Querist) 23 June 2013
This query is : Resolved
Hi all,
I am having 3 sisters and I am the only son to my parents.we settled our family properties issues before lokadalath and we obtain a award.In this award we partitioned my father's entire properties and kept some terms&conditions.
(1)our sisters relinquished their rights on all properties of my father by taking some property shares in the father's properties.
(2)I and my father kept the remaining properties jointly.
(3)My mother relinquished her rights in my father's properties except that she shall have limited rights to enjoy in her lifetime in the said property and she has no right to transfer to any party for the said property.
(4)After the lifetime of my father,his share in the joint property shall goes to me and no other party can claim for his share in the joint property
Now again my father is planning to give some of his share in the joint property to my sisters by executing will .My query is that in lokadalath award all the parties in my family agreed to the 4th point recited above but again my father is doing against the award.
Do the will executed by my father has validity or not????(or)After our father lifetime can my sisters get the property through my father's will???
Thank you all...
ajay sethi
(Expert) 23 June 2013
1)it is your father prpoperty . he can bequeath it as he pleases . if out of love and affection he desires that some of his properties shall go to his daughters on his demise then he is free to do so .
2)as far as point no 4 of award is concerned in case your father died intestate then only your sisters would not have any right to claim the shares in property .
3)better settle issue amicably in the family .
4) tell your father that you have already given other properties to your sisters in liieu of share in various properties and it would create another round of litigation if he gives them shares in properties which ought to have devolved on you
Raj Kumar Makkad
(Expert) 23 June 2013
I slightly differ with the opinion of experts as expressed above.
As the award of Lokadalath on all points has already been passed, the father of the author is not authorized to transfer that share as per his free will and whims as he has done by executing a will in favour of his daughters.
You need to challenge such will and any transfer of property on the basis of mentioned award.
kumar
(Querist) 24 June 2013
Dear Raj Kumar Makkad sir,
According to you i understood that even my father has no right to transfer his property share to any party through will,sale or otherwise..Is it currect sir?
kumar
(Querist) 24 June 2013
Dear Raj Kumar Makkad sir,
According to you i understood that even my father has no right to transfer his property share to any party through will,sale or otherwise..Is it currect sir?
