Legal Question in Civil Litigation in India

ISSUE:

I am in India and my property is in Andhra Pradesh.my father acquired ancestral property from my grand father thro' oral partition on 4.1.1951. he gave birth to his first son on 26.3.1951. his children are 2 sons and 2 daughters. The acquired property from my grandfather was a built house, 7 acres of agrl.land and a vacant site. out of this, my father parted with the agrl.land of 7 acres with his two sons 2.5 acres each (2.5 +2.5), keeping 2 acres for him in 1974-75. we have the Ryot pass books to that extent and we are paying the necessary land revenue taxes etc. since 40 years. My father sold the vacant land property in November 2006, stating his legal needs in the sale deed. As the buyers insisted on our (2 sons) signatures along with my father's signature on the sale deed, both myself and my brother have signed on the sale deed. The house property is intact. On 17.1.2007, my father executed a registered 'WILL', stating his remaining property at his disposal as a house property and 2 acres of agrl.land standing in his name and distributed the same as house property into four equal parts among his four children and the agrl.land property of 2 acres to his two sons, 1 acre each. My brother (my father's second son) expired on 8.3.2007 , my mother expired on 29.3.2011 and my father expired on 2.7.2013. all the above deeds of my father are facts and known to all of his children and their extended families too. as there were no disputes among us, no objection was raised by any of our family members, till my father's death.

In his 'WILL', he never appointed anybody either as an 'EXECUTOR' or as a 'REPRESENTATIVE'. As such, the 'WILL'' is unexecuted till date.

To our surprise, under pressure from her extended family, my younger sister is forced to issue a legal notice and we received it in November, 2013. The case is not yet filed in the court. But, her plea is:

1. our father has got no right to execute a will.

2. the oral distribution of agrl.land by our father, in the year 1974, is incorrect and the Ryot books/Patta were got by influencing the concerned authorities and there is no legality for them.

3. Regarding vacant land of 75 sq.ft. my sister's allegation is The vacant land sold by our father in the year November, 2006, when he was alive, is not correct and with a criminal mind of grabbing my sister's share in that property, I have influenced my father in selling it. Further she is threatening me writing that, she is entitled for a share in that vacant land which was sold by our father 7 years ago, when he was alive, for which she should get compensation now, more over she wants to turn the issue of selling the vacant land property by our father against me by initiating 'CRIMINAL'proceedings.

MY QUESTION:

1. I am the eldest son of our remaining family members along with my two sisters and my sister-in-law (my brother who is late). What is my legal responsibility in distributing my father's property?

2. what is the legality in my sister's intention of initiating criminal proceedings against me on the vacant land property which was owned and sold by our father, on the plea that I am the only alive signatories of the sale deed, executed by our father?

3.Suggestion regarding further procedure to be followed by me.

1 Answer from Attorneys

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