Rights of daughters in property of deceased father against will
Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
Dear Eminent Members, Pls help me with my personal query related to Property (Land + Building)
Facts of the case:-
a)Family Tree:- Grandfather-> Father(Dead)-> Father's Wife-> 3 Daughters & 3 Sons
b)After death of his Son (Father), Grand Father wrote a will (Duly Registered & witnessed by all relatives excl. Father’s Wife & 6 Children) mentioning:-
 Widow of his Son can enjoy the property till her life lifetime and cannot sell or mortgage the property.
 After death of the widow mother, property will automatically vest into 3 sons and they are having full rights to the property (Enjoy, Sell or Mortgage).
 As a fact, property was actually purchased by the self earned income of deceased father who bought it in the name of his father (here Grandfather) and no will was made by him and later passed away.
 At present 3 Daughters are taking care of their widow mother and sons are just waiting for her death so that they can sell it and increase their wealth.
Query:-
a)As per the fact (iv) above, now daughters want to restrict right of their brothers to enjoy the full property and want equal rights. Is this possible?
b)If above is not possible what are the other remedies available to restrict 3 sons.
ajay sethi
(Expert) 07 August 2011
1)when was property purchased by deceased father?
2)how as payment made by father?
3) proof of payment available ?
4) after death of mother if application is made for probate by sons daughters can challenge the will on the grounds that property did not belong to grand father and he had no right to bequesth it to grandsons only
ajay sethi
(Expert) 07 August 2011
in alternative your mother can file suit for declaration that her father in law was only benami and that her husband ie your father was true owner of said property
R.Ramachandran
(Expert) 07 August 2011
Whether your grand father (i.e. father's father) is still alive?
R.Ramachandran
(Expert) 07 August 2011
It seems that the Court has not agreed to your claim that the property is ancestral. The Court appears to have treated the property as personal property of your father and not ancestral property.
R.Ramachandran
(Expert) 07 August 2011
The above answer got inadvertently posted here instead of to another query. So ignore this last answer.
prabhakar singh
(Expert) 07 August 2011
i agree with Expert ajay sethi. not only a suit should be filed by your mother to show the transaction BENAMI but also an application of maintenance u/s 5 of THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 against sons by mother should be filed .
Querist :
Anonymous
(Querist) 08 August 2011
Dear All,
Thanks for all your valuable opinions and precious time.
Dear Mr Ajay Sethi, reply to your questions are as follows:
(1) Property was purchased on 2nd Feb 1956
(2) Payment made by cash Rs 1,500/- & their is no proof of payment available.
Further my Great Grand Father (My Mother's Grand father) who wrote the will is not alive.
