LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manjesh Poojary (Service)     29 October 2009

Change in will

My father has an self occupied land, in this land I have constructed house by taking bank loan. Is it possible for my father to write an will in favour of my sister ( only two children we are) without my consent ?



Learning

 8 Replies


(Guest)

Poojari ji,

Eventhough if you father writes WILL in favour of your sister. As a legal heir you have your share in the property. 

1 Like

Suchitra. S (Advocate)     29 October 2009

Manjesh ji, let me know whether that land is ancestral or self earned property of your father. If it is self earned property, then, he can will to whomsoever he wishes to and nobody can claim their rights.

1 Like

saumit joshi (advocate)     29 October 2009

dear all., due to bank loan, bank has mortgaged the said propety for the period of loan.and bank has right over said property as per my view if property is self aquired of your father than how can bank given loan with out your father's consent.so pls give brief detail whether property is self aquired or ancestral.

Manjesh Poojary (Service)     29 October 2009

Property is self earned property of my father & loan has taken with consent of my father. Loan borrowed  as co borrower between myself & my father. Entire money on house construction was spended by me. Still loan outstanding is there. In meantime I am telling my father to write a will in my name or add my name in land registration paper. But he is not interested to write in my name, he is favouring my sister and trying to write will under her name. Please tell me what further action I can take ?

nidhi (district master frenchisee)     30 October 2009

dear sir,

With due respect and considerations i wish to state that we are two sisters .my father has expired.we hav a property in a very good and reputed market.

my sister is all the time against me and my mother she never comes or contacts her in her hard period when she is most required.

now my mother says tht she wants to divde the property bnetwen the two.

but she doesnt want her to come in meerut

as i recide very near to my mothers place.and our shops are very close to her.

my sis lives in modinagar.

we also have a tenant who is not vacating our

shop neither is he using it is closed since last 30 years and he has made it a godown.

kindly guide how shud my mom divide the property to escape despute.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     01 November 2009

whether u r name enter in property? if no. u r father has right to make WILL as he desire

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     01 November 2009

you can file suit in court by appointing local advocate of banami trasaction. How loan can be passed wihtout ur name is being added.

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     01 November 2009

after death of father  property name be changed into mother and sisters name equally if hindu.

your mother or you can file suit for letter of administration of property of WILL and  then can devide  property . all will be served ppaer then and to fiel reply.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading