Father property
Querist :
Anonymous
(Querist) 18 March 2021
This query is : Resolved
Sir / Madam
I got notice from my elder sister lawyer is as below:-
Under instructions from and on behalf of my client the following legal notice being serve upon you.
1. That my client aged 68 years (widow) presently residing at….
2. That you noticee is only son of your father and in possession of the house at new delhi.
3. That you noticee is only son of your father was residing at the same nearby locality before the death of parents of my client. Further, the parents of my client at old age were living alone in above said property and after the demise of my client’s mother, you the notice illegally occupied the right of my client’s share in the above said property.
4. That I am instructed by my client that her father is absolute owner of the suit property. Further. At the same time of his death my client’s mother was resided with him in the said suit property, who was also passed away.
5. That the father of my client died intestate at Delhi.
6. That late Father died leaving behind the following legal heirs at the of his death.
Mother
Elder Sister
Son
Younger sister
Younger sister
Since, the father had not executed any “Will” in respect of the above said immovable property, and after the death of my client’s mother, all above children’s being Legal heirs have entitled equal right i.e. 1/5th share (each) in the said property.
7. That according to Law of Land, my client is legal heir being daughter of Late Father, call upon you to partition the aforesaid property by meets and bound and delivers to my client the vacant possession or her respective share, at any time.
8. That in month of February 2021 it has come to the knowledge of my client through reliable sources that are now trying to sell the aforesaid entire property with the right of my client’s share by manipulating and forging false illegal documents, dishonestly, thus you are in gross violation of the laws of the land.
9. That the aforesaid property has to be partitioned among all the legal heirs equally, you were forbidden to deal with anyway. Further, you have no right to deal in any way with share of my client.
I, therefore by means of this notice call upon you to restrain from any activity which may hinder the undisturbed enjoyment of my client1/4th share over and above said property and to partition the property by means and bound and deliver the vacant possession of 1/4th share of property to my aforesaid client, within 30 days from receipt of this notice failing, which I have clear instructions to institute the necessary civil ass well as criminal proceedings against you and events, You shall be held liable for all the costs of an incident to such proceedings.
Copy retained in my office for record and necessary action.
Advocate
Now my sister knows that our father signed WILL (unregistered) witness by two locality person they are also expired. in which he clearly mentioned that my daughter has not right to challenge this will, and my father also give them his post office 5 year monthly scheme nominee elder sister got 6 lakhs form post office + 6 lakhs in cash other two sister also got 3 lakhs each from post office + 5 ;lakhs cash. One sister has bank locker where my mother put her gold 15 grams jewelry but she refused to return. Sir, my father had 3 houses one in Kanpur and on HIG flats at Mayur Vihar,, he sold that for buying my sister houses.
Now pl. advice me what should I do, I don,t want to leave this house because it is ancestral property which was given by my father to me.
Since my husband and my son daughter-in-law and me are in possession of the house since Dec. 2011, what advantage we gets from court, The value at this time is Rs.50 lakhs if we fight case and lost what amount we have to pay to other's please clarify. This is a Genuine 'WILL". In the court my father signature could be verified moreover witnesses signature could be verified by their children's both the witness were Govt. servant. This is parental property if I don't have money to pay them then what will court order, did court ask us to evict the property or whatever solution you suggest?
Sir, if I lost case but I want to keep house how much amount I have to pay to my sister, who will decide the price Market value at present is 50 lakhs.
I am ready to pay 5 lakhs to each one but they are not agree.
kavksatyanarayana
(Expert) 18 March 2021
If really a genuine Will executed by your father though it is unregistered, now get it probated in a court of law. The movable properties such as gold, investments etc., given by your father, is there any proof? and moreover, for your father's property, all the legal heirs have equal shares. you cannot deny them. so please be settled the issue in an amicable way.
Dr J C Vashista
(Expert) 19 March 2021
Be brief and specific for consideration and obligation of experts.
K Rajasekharan
(Expert) 19 March 2021
If the Will is a genuine one without any legal defects, you can contest the case with the support of the Will. If you are in possession of the house you are at an advantage.
But that the attesting witnesses are not alive and the Will in question is not a registered one would make your effort to prove the Will in the court a bit more difficult than otherwise, even if there are ways to do so.
A registered Will does not add any legal value to the Will than an unregistered one. But the former is a more convincing one than the latter to a court.
For the purpose of staking your claim on the house or other assets you have to respond to the lawyer notice with the facts you know and remain prepared to contest her case in the court when she files one.
Whatever your father gave to others when he was alive will not be considered by the court in deciding how to distribute his assets after his death.
Similarly please bear in mind that the court will consider only what all things are prayed for in the case and nothing else.
K.S.Ramaswamy Advocate
(Expert) 19 March 2021
In my view consult a lawyer in the matter to proceed ahead in the matter.
P. Venu
(Expert) 19 March 2021
You may reply to the Notice setting out the facts, which you only know.
Sankaranarayanan
(Expert) 21 March 2021
This is the right time to find a local lawyer and seeking suggestion and act accordingly
