(Querist) 05 April 2011
This query is : Resolved
we are a family of four brothers and three sister.
my father expired in the yr 1983, the probate of the will was obtained in 1986, and in the year 1999 the house where we currently live was transferred from my fathers huf to his four sons and my mother, this was done because in the will my father had written that his daughters dont have CLAIM INTREST AND SHARE in his estates in the property(also he had mentioned in the will that he would like to give his 1/6th share in the property to four of his sons). also we had orally partitioned in the year 1999 (we have no papers supporting the same) our house and place where each member would stay though there are no walls supporting the same
now my sisters are threatening to claim their right in the said property because of the amendment in the year 2005, can they do it ?
kindly help as we dont not want them to claim their right
(Expert) 05 April 2011
If your father got the property from his self earnings and he has executed the will then your sisters have no right to claim the partition inrespect of your father's individual property.
If the property is ancestral then only your sisters can claim a share.
(Querist) 05 April 2011
the property in question was given to my father huf by my grandfather via will
(Expert) 07 April 2011
what is the recital in the will executed by your grandfather?
(Querist) 08 April 2011
in my grandfathers will it states "there is a land situated in (city name) have city s.no(123) measuring (123) where there is a partnership firm (abc) . i give and bequeath the entire property standing on the aforesaid land, which bears city s.no from (123) to (456) and where there is factory and residencial houses , all this property to the joint undivided family of (fathers name) with the rights of absolute ownership but with the following terms
1> i give the residencial premise being a constructed building admeasuring about 123 sq ft towards the southern direction of the aforesaid building, to my wife (def) for the purpose of residence as well as enjoyement till her death (she is no more alive she passed out in the year 1988)
2> i allow my second son (xyz) to reside in the jaga(i.e premise) mentioned and described above until arrangement is made for his independence residence(premise), (xyz) himself shall construct the a house in (his) own land for residence purposes and for that i bequeth rupees one lakh to hiralal from out of my property.
3> my son (fathers name) has not to (shall not) give any amount in this connection to my second son (xyz)