Legal Question in Civil Rights Law in India

Dear Sir or Madam,

My mother mad a will front of my grandfather (year 18-4-1979). Mother died on 1-5-1979 .The will say to my mother property�s all are to me and my sister�s only. Unfortunately she died on 17 years. And my mother said my father can second marriage, because we are small girls. Father married second time second wife has one son only. Will condition is father can not sell my mother property to anybody. He can utilize only. Then it will come to us like this (me and my sister). My grandfather is guardian of us (means deed is her self).and one is in future if grandfather gives to us any property it will come to me and sisters only, father can not ask any shares like this.

Mother bought two properties on 1978 and 1979. Those period buyer sign and thumb impressions are not required to sub registrar office. Deed is showing only seller sign and thumb impressions only. Mother has not education that�s way my mother put a thumb impression under the will concrete paper. Witness sign are two, one my grandfather and his friend. Now witness also died.

Questions:

1. Father sold one property of the above land without my knowledge, is this legal or not?

( sold on year 2006)

2. If I ask father, he is saying I sold your sister shares only not your share like this.

3. My mother will is valid or not? Because will is not registered

4. Can I recover my mother property? I am ready pay to who�s bought the land.

5. If I file a case, how I proof to this is my mother thumb impression like this.

6. Court what will say about deed?

Thanks


Asked on 8/10/13, 1:10 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

10.08.2013

Dear Madam,

Although I have already replied earlier, I'll answer your query again.

Since independence i.e since 1947, there is a practice that whenever a property is registered with the Tahsildar / District Registrar, the seller and the buyer have to put their signatures / thumb impression on the registry. You ought to have obtained a Probate from the Court on your mother's Will in 1979 itself, if not at least anytime before 2006, and got the title of your mother's properties transferred in your sister's and your name. Since you or your grandfather did not do that, the title of your mother's property(ies) vests in your father after her demise, and my answers to your queries are :

1. Yes, it is legal.

2. Valid point.

3. Will by itself is meaningless unless it is backed by a Probate.

4. You should apply for the Probate to get the remaining property as Willed to you in your name.

5. Since there are witnesses to the Will, it is sufficient proof that your mother has authenticated her Will.

6. Let the Court decide the matter.

Regards,

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Answered on 8/10/13, 1:54 am


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