sarla (none) 26 June 2010

Married Daughter's right in died father's property

Hi , i am sarla married in 1983 and living in delhi . My father also lived in delhi and died in july2006 has 3sons and 3daughters including me and left one house in which 2brothers are living with family and one factory with 3tenants. Both properties were made by my father himself.

My brothers have made a fake 'will' of my father in which they declared him in right and full consciousness thatv both properties in the name of 2brothers only and 'will' has thumbprint of my father instead of signature but attached with medical for not able to sign while being made just before 15days of his death and witnessed by one of my sister's husband but my father never used thumbprint he only signed whenever required. Is this 'will' legal or not ?

My sister's don't want any share in the properties and they are also against me because i am demanding share from them as my financial conditions are not good and both brothers are ready to give share to third brother and they are also sharing rent with him recieving from tenants through cheques on the name of 2brothers only including from 1tenant kept by themselves on march2010. Also they are fighting 2court cases against 2tenants to leave the factory on the name of 2brothers only .When we demanded share and rent they refuse to give us .

QUESTIONS:-

1.Can i appeal for my share after 4years3months of my father's death ?

2. Does fake 'will' affect my case if 'yes' how can i prove it wrong ?

3. All sisters and brother's are against me if it weakens my case and how does it affect my case ?

waiting for replies......

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5 Replies

niranjan (civil practice) 26 June 2010

Only one thing that I would say that you have to fight.There is no time limit for asking for share.You may file suit of partition,wherein your brothers will place will which they will have to prove.When all people join hands to prove false a Truth,I would say including Doctor,at the most you may loose the case,but you should not succumb to false.

G. ARAVINTHAN (Legal Consultant / Solicitor) 26 June 2010

1. You have right to ask your share at any time

2. any document to be proved by attesting witnesses

3. dont care. you proceed your case in your way

Anil Agrawal (Retired) 26 June 2010

Go to an advocate who will file the petition asking for your share of the property. Will is is a matter of challenge. Your brothers have to prove its genuineness and you have to prove that it is fake. That stage is too far away.

adv. rajeev ( rajoo ) (practicing advocate) 27 June 2010

You will have to file a suit for partition and seperate possession. Regarding will once you challenged the will and your bros relied on the will then burden lies on both you and your bros.,

REgarding thum impression. It is the duty of your bros., to prove that ur father was unable to write. If possible collect all the documents regarding your father'shealth. So for further details you can contact your lawyer who can explain you better how to proceed with the case.

Bhartiya No. 1 (Nationalist) 28 June 2010

As per the Hon. Supreme Court "The propounder is reqd. to prove that the testator has signed the will and he had put his signature out of his free will having a sound disposition" by bench of "Justice S B Sinha.

As u described

"'will' has thumbprint of my father instead of signature but attached with medical for not able to sign while being made just before 15days of his death and witnessed by one of my sister's husband but my father never used thumbprint he only signed whenever required. Is this 'will' legal or not ?" This is enough that it is fake or forged one. Only u have to prove that signature or thumb Imprn. has been taken in hospital.

There is a judgement on this, which will help u proving it fake that I will provide u later on,

Your brothers will face a difficulty in proving it. Consult a good civil Lawyer.