Right to inherited property
A L ANTONY
(Querist) 11 December 2015
This query is : Resolved
Sir,
I am a Christian married women with two children.
My grand mother inherited the properties of my grand father.
After the demise of my grand mother, the property was divided among the four sons. Since all the four were employed outside the state, it become difficult to manage the properties. A Power of attorney was, therefore, given to the elder brother by the other three brothers. The power of attorney authorized him to do whatever he felt good for the family. However, he sold a quite of number of plots and pocketed the money for himself. It is necessary to mention here that there was no addition to the property inherited from the grand father, either by him or by the other three brothers.
After a few years, he (to whom the power of attorney was given )and his wife, passed away , leaving the remaining property to the three brothers, including my father. The total area of the property was 195 cents including 30 cents where an old ancestral bungalow stood. Thus each of the three brothers inherited roughly 55 cents each. The property (30 cents) where the old bungalow situated, was again shared by the tree equally, i.e., 10 cents each. None of three brothers had added any property during their life time.
Subsequently, one of the three brothers, sold his share of 10 cents (1/3rd of 30 cents) in the bungalow property to my father during his life time, taking cash for consideration. Another 10 cents, owned by the other brother, willed away (gifted) his share of 10 cents to my father, who had passed away by that time.
My father has expired leaving a Will bequeathing the entire property (55 + 30= 85 cents) to my brothers. He was kind enough to give me 10 cents.
My question is –
1. Whether the 55 cents received by father could be considered as inherited property; if so what is my (and my two children) chance of getting a honorable share, instead of just 10 cents.
2. Secondly, as I mentioned earlier the 30 cents of land including the old ancestral bungalow, 1/3rd of which was inherited by him, 1/3rd was gifted and other 1/3rd was bought. Where do I stand in getting a reasonable share?
3. If the original Will left purportedly written by my father doesn’t constitute a valid will since was NOT registered and attested by two independent witnesses, However, this was deceitfully added.
4. I do not have any documentary evidence including copy of father’s will for the above. My mother, who hold the above 30 cents, now wants to give the property to my brothers. How can I stop it?
Kindly advise me
ROS
10.12.15
Guest
(Expert) 11 December 2015
There is clear cut formula provide din Indian succession act and rules applicable please go through same as applicable in your case
P. Venu
(Expert) 12 December 2015
You have an equal share in the property if the Will, as to the 55 cents, is not valid. However, it is not necessary that a Will is registered.
The mother holds the bungalow property on behalf of all the legal heirs. She cannot unilaterally dispose of the same.
A L ANTONY
(Querist) 12 December 2015
Sir
I am grateful. Your advise give me great relief.
If I am not troubling you could I ask -
1.how a property can be treated as inherited.
2. What legal steps I should take to stop her from unilaterally disposing it.
Regards
Ros
Rajendra K Goyal
(Expert) 12 December 2015
You have equal share in the property of your father in which mother is also a legal heir. She can bequeath / gift / sell her share only not full property.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
1. Whether the 55 cents received by father could be considered as inherited property; if so what is my (and my two children) chance of getting a honorable share, instead of just 10 cents.
The inherited property shall become your father's own and absolute property hence you do not have any share in it or any right to claim any share in it.
2. Secondly, as I mentioned earlier the 30 cents of land including the old ancestral bungalow, 1/3rd of which was inherited by him, 1/3rd was gifted and other 1/3rd was bought. Where do I stand in getting a reasonable share?
If your father is reported to have bequeathed the property to your brothers then it becomes their property upon your father's death by operation of the will. If you suspect the making of will, you may challenge the same before court.
3. If the original Will left purportedly written by my father doesn’t constitute a valid will since was NOT registered and attested by two independent witnesses, However, this was deceitfully added.
The will if not attested by attesting witnesses then it is invalid. No need for registration of will, it should be witnessed.
4. I do not have any documentary evidence including copy of father’s will for the above. My mother, who hold the above 30 cents, now wants to give the property to my brothers. How can I stop it?
You have to gather the documentary evidence if you need to prove your case and claim, look for it from the possible sources.
A L ANTONY
(Querist) 20 December 2015
Si
one last question. If the witnesses is added after the death of my father, whether the Will will be treated as valid.Pl advise me.
Ros
I am grateful to S/Shri Rajendra Goyal, kavksatyanarayanan, t kalaiselvan and P venu, for their valuable advice. I may contact you personally, if an occasion arise.
Regards
Ros
P. Venu
(Expert) 20 December 2015
Why you want to be "AL Antony" while you are a woman and your name apparently is "Ros"?
A L ANTONY
(Querist) 20 December 2015
Sorry sir,
Ros is my wife and she is using my email id.
Antony
