Property matters & wills
p phipson
(Querist) 31 March 2014
This query is : Resolved
Firstly I must mention that I am an Indian Christian (Catholic).
My father was a landowner, plantation property owner,tile factory owner and the owner of numerous commercial buildings in Dakshina Kannada. Most of the above came to him by way of Will from his father (and even his grandfather) though there is no doubt that during his lifetime he did value addition by way of upkeep, development,etc but all from the proceeds of what came to him by his father's Will.
My father died at the age of 55 due to kidney failure leaving behind 9 children- 3 sons & 6 daughters of which 1 son and 2 daughters were minors and another daughter was unmarried.
A Will was produced in Court, by the widow (my mother) and the 2 elder brothers, as Executors, and it got Probated.
Based on this Will,nearly everything that was in my father's name went to the 3 sons with the married daughters getting nothing, and the 3 of us unmarried daughters left a dowry of 50K each (?) plus marriage expenses to be borne by the estate.My mother was given "life interest" to stay in the family home with the 4 unmarried/ minor children with some maintenance amount payable by his estate.
The Will also stated that ALL education had to be covered by his Will.And that if by the age of 30 any of the girls did not marry then she was to be provided with a house not below the standards of the family status.
I was 12 years when my father died( my minor brother was 16 and younger sister was 8).
When my younger brother became 18 I understand the Probate was granted and all the properties got distributed leaving little or nothing for us two girls.
I am not married till the present date; from the age of 23 all maintenance stopped (I was in college staying in a hostel in another city) and when I wanted to do post graduation studies I was told by my brothers that girls in the family only entitled to graduate studies and then they must get married???
They have not provided me with a house either such that I have been staying over the years in hostels, as a paying guest or a tenant and working sometimes more than two jobs at a time to support myself.
I need advise on the following
1. Can ancestral property go to just a few children or must be divided among all 9 children?
2. I have educated myself with 2 Master's degrees and am doing my PhD presently- I have been told that the costs should have come from my father's estate.
3. How do I force my brothers to provide me with the house that I should have got when I was 30 years of age?
4. Can I stake a claim to the family house where my mother is still living in; though been put in the name of my brother as per the Will?
5. Lastly how can I lay my hands on a copy of my father's probated Will as also the Accounts of Division made per the Probate to actually see what all was divided and in what manner?
I am so confused and muddled up so seek your help as I am living a near foot to mouth existence.
Thanks in advance
Hannah P
Sourav Das
(Expert) 31 March 2014
i must let you know that property is not ancestral property, it is self acquired property of your father.
now you have two options-
1) claim your share through partition suit.you'll get your share according to will;or
2) file partition suit challenging the WILL itself on various grounds like will was forged or it was obtained by fraud or misrepresentation etc etc.
yes, you can claim your share during the life time of your mother. no problem.
ajay sethi
(Expert) 31 March 2014
contact a local lawyer . you can take search of court records obtain copy of probate granted by High court in this regard . it is necessary to go through the will made by your father to advise .
Rajendra K Goyal
(Expert) 31 March 2014
Agree with the advise of expert ajay sethi ji.
p phipson
(Querist) 06 April 2014
For my information & record can I be told what is the meaning of ancestral property and self acquired for Indian Christians.
Can an Indian Christian woman not have her share in her father's property (self acquired) or her paternal grandfather's property (ancestral)?
