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ud2005 (other)     14 March 2011

Partition & Will

I have 3 brothers among whom my dad's property (joint family) was partitioned in 2000 only among the brothers, & Parents. I am the younger sister and was not told about the partition. I was married in 1999 and before that I contributed to the family expenditure, as I was  employed. Each brother took his share which was 3 sites each. One old house was partitioned between my mother,  last brother and father during the 2000 partition.  Actually my mother is the sole owner of the old house and has always wanted to give that to me. So, my dad had forged her signature during the partition, which my mother doesn't know yet. However, in 2007 my dad and mom made a registered will in my name based on the 2000 partition.

Last week my dad expired and now all my brothers have occupied the old house along with my mother and have threatened me not to enter the house. I live outside of India and do not know what are the options available to get my share.

After speaking to lawyer, the  lawyer says it is not valid, as it is not signed by my last brother and also my dad cannot make the will, as my mother is the sole owner of this old house. However, both my parents photos, signature and thumb impression are on the will, but the will is made as if it is my dad's property and my mom also has signed on it. Is this will still valid ?

Regarding the partition, can I challenge it, as it was executed(registered) without my knowledge and my signature. Is Karnataka Hindu succession act 1990 still valid, as the partition was done in 2000 ? Or will they reject it, as recently the central , hindu succession amendment 2005 is in rule.

 Property is in Bangalore.


 1 Replies

K S Narayana Rao (District Registrar)     14 March 2011

Dear Madam , Your can challange the partition.  Your father can only write will regarding his right only. What your Lawyer advised is right. Follow it.

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