Ancestral documents
Priyanka
(Querist) 31 October 2013
This query is : Resolved
Dear Sir ,
Need support and sanity to pursue further in the issue related to property which is ancestral property ( DADA property
) which was bought in the name of Dadi in year 1971 , Our TAU is living there since beginning 1979 and got the WILL from dadi in their name ,Dadi died in year 2004 and WILL was executed by him in his name in year 2005 ,he has not taken NOC from other family members ,Property is in delhi .
Further in year 2006 he transferred same property in his wife name and wife further transferred half share to his daughters in year 2011 .
Now (Daughter ) has done some collaboration agreement with builder and doing construction .
So I need advice ,how to move ahead 1) Do we have any sanity in case as property and WILL are registered in TAU name and he is not ready to give any share by stating that mother has left WILL in his name and it is already registered in 2005 .
We don't have documents that property bought from ancestral funds as he is earning member since 1961
We are still living in rented accommodation and father is no more , Need suggestions so we can decide .
REGARDS
P. Venu
(Expert) 01 November 2013
The issue involved is whether the property is ancestral i.e. brought from ancestral funds. You say you have no evidence. In a civil proceeding, it is for the plaintiff(s) to prove and establish their pleadings.
Priyanka
(Querist) 01 November 2013
Dear Sir,
Plz let me know , How to prove it is ancestral property and from ancestral funds .
It has been told to us that dada has bought house in name of DADAI .
Regards
Priyanka
Anirudh
(Expert) 01 November 2013
If the property was self acquired by your DADhA in the name of DADHI then your DADhI is the absolute owner of the property. Nobody can claim any share from the same.
Now, when your DADHI given the property to your TAU by means of a WILL, the same is valid unless your FATHER challenges the same. It appears that your father had not challenged the genuineness of the WILL. You say that the WILL is Registered in favour of your TAU. Therefore it will be difficult to claim any share from the same.
More over, your father also does not appear to have asked for any partition (assuming that there was no WILL from your DADHI, or that your father was not aware about the existence of any WILL in favour of your TAU).
Rajendra K Goyal
(Expert) 01 November 2013
In the given circumstances it is difficult to prove any of your claim in the property.
Priyanka
(Querist) 01 November 2013
Sir ,
Our DADI used to live with us but still WILL has been written in the name of TAU ,My father is no more and disclosure of WILL has happen in year 2012 ,But we were not aware of any WILL till 2012 .
1) Do our BUA has any right/Share in the property so we jointly implicit TAU in court for share as per TAU bua doesn't have any right in this property as per LAW
1) Can WILL be challenged as no other family member has sign WILL .
2) My father is no more and we are holding property (Shop & House in which all used to live together till 1979
).
2) If they are living separately ,Still they come under Hindu undivided family or Divided Family .
Regards
Priyanka
(Querist) 01 November 2013
Sir ,
Our DADI used to live with us but still WILL has been written in the name of TAU ,My father is no more and disclosure of WILL has happen in year 2012 ,But we were not aware of any WILL till 2012 .
1) Do our BUA has any right/Share in the property so we jointly implicit TAU in court for share as per TAU bua doesn't have any right in this property as per LAW
1) Can WILL be challenged as no other family member has sign WILL .
2) My father is no more and we are holding property (Shop & House in which all used to live together till 1979
).
2) If they are living separately ,Still they come under Hindu undivided family or Divided Family .
Regards
Devajyoti Barman
(Expert) 01 November 2013
Since Will is there, unless the same is set aside by court, any of you has no right.
The case does not seem to have any right.
However if you are in mood of litigation then file a case of partition challenging the Will.
P. Venu
(Expert) 01 November 2013
If you suspect the authenticity of the Will, this could be challenged.
Or else, you can file a suit for partition with the pleading that that DADI had died intestate.
Rajendra K Goyal
(Expert) 01 November 2013
1) - In the given circumstances if will is probated, she has got no right.
2) - Will need not be signed by other family member. It is to be signed by the TESTATOR and two witness.
3)– If the property in the will is given to your TAU by the owner he is the owner now.
Priyanka
(Querist) 01 November 2013
1) Do in delhi probate is required
2) He said WILL got written in year 1988 and registered with registrar in delhi Yr 1988
ajay sethi
(Expert) 01 November 2013
in delhi probate is not mandatory .
P. Venu
(Expert) 01 November 2013
And it is not necessary that a Will be registered.
Anirudh
(Expert) 01 November 2013
Your Bua definitely has a right to share in the property (in case is WILL is proved to be a fraud or invalid).
Since you people have come to know about the existence of the WILL only in the year 2012, you can (including your Bua) file a case challenging the WILL.
R.K Nanda
(Expert) 01 November 2013
nothing more to add.
Priyanka
(Querist) 04 November 2013
Sir,
Our BUA is ready to file a partition suit but before moving some of the queries are raised
1) WILL was registered with registrar in 1988 and executed in 2005 in name of TAU .
2) How we will prove WILL is invalid
3) This WILL is registered in 1988 ,at that time daughters didn't had the share in father / Mother property
4) Do we have to give any proof for ancestral funds /Ancestral Property
5) As TAU is living separately in that house from year 1979 ,Will he be consider as hindu divided family ,as he has own source of income .
6) Do NOC was required from other family members after death of DADI in Year 2004.
7) Property got Transfer in name of TAU in year 2005 (Dec )
Request you to please help us in clear some concerns so that we can make our minds , as it will a long battle .
Regards to all
Priyanka
(Querist) 05 November 2013
Sir,
Our BUA is ready to file a partition suit but before moving some of the queries are raised
1) WILL was registered with registrar in 1988 and executed in 2005 in name of TAU .
2) How we will prove WILL is invalid
3) This WILL is registered in 1988 ,at that time daughters didn't had the share in father / Mother property
4) Do we have to give any proof for ancestral funds /Ancestral Property
5) As TAU is living separately in that house from year 1979 ,Will he be consider as hindu divided family ,as he has own source of income .
6) Do NOC was required from other family members after death of DADI in Year 2004.
7) Property got Transfer in name of TAU in year 2005 (Dec )
Request you to please help us in clear some concerns so that we can make our minds , as it will a long battle .
Regards to all
ajay sethi
(Expert) 05 November 2013
it is better you contact a local lawyer at most you will have to pay his consultation fees .
Rajendra K Goyal
(Expert) 05 November 2013
Agree. Contact a local lawyer and show him all the documents.
Priyanka
(Querist) 05 November 2013
Dear Sir,
Sure we are looking on the options ,But we really need your guidance on the points so that we can decide further Request you to help me on below points ,Thanks & Regards for understanding.
1) WILL was registered with registrar in 1988 and executed in 2005 in name of TAU .
2) How we will prove WILL is invalid
3) This WILL is registered in 1988 ,at that time daughters didn't had the share in father / Mother property
4) Do we have to give any proof for ancestral funds /Ancestral Property
5) As TAU is living separately in that house from year 1979 ,Will he be consider as hindu divided family ,as he has own source of income .
6) Do NOC was required from other family members after death of DADI in Year 2004.
7) Property got Transfer in name of TAU in year 2005 (Dec )
Priyanka
(Querist) 06 November 2013
Dear Sir,
Sure we are looking on the options ,But we really need your guidance on the points so that we can decide further Request you to help me on below points ,Thanks & Regards for understanding.
1) WILL was registered with registrar in 1988 and executed in 2005 in name of TAU .
2) How we will prove WILL is invalid
3) This WILL is registered in 1988 ,at that time daughters didn't had the share in father / Mother property
4) Do we have to give any proof for ancestral funds /Ancestral Property
5) As TAU is living separately in that house from year 1979 ,Will he be consider as hindu divided family ,as he has own source of income .
6) Do NOC was required from other family members after death of DADI in Year 2004.
7) Property got Transfer in name of TAU in year 2005 (Dec )
