Partition daughters rights
A L ANTONY
(Querist) 10 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 centrs.
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.
Kindly advise me
ROS
10.
kavksatyanarayana
(Expert) 11 December 2015
Author, 1. got the will probated. 2. if you think the will is a fabricated one, prove it as the will is fabricated one. for this you present the will before the registering authority for registration after death of testator. then the registering authority will inquire into the contents of the will by calling all the heirs and witnesses etc..., and decide as the will contents are genuine or not.
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.
