Legal Question in Real Estate Law in India
Hi we have a family property which was transferred to my grandmother's name, after my grandfather passed away. My grandma has already written a will on all her 4 sons sharing the property. My dad is one among the 4 sons. But the property is not shared equally, 3/4th of the property is shared between two sons, and 1/4th of the property is shared between the other two sons, in which my dad is one among it. But when asked they said there is no rule that a property will should be equally shared, and it completely depends on the person who writes the will, and they can write it on any one in any proportion as they wish. Is it true, if yes then atleast please let me know how to register the portion which is written as a will on my dad's name? And for your information , the documents are currently with my cousin brother (My Dad's elder bro's son), and when asked him he says that it is there with him safely , but he will never give it to any of the other brothers until my grandma passes away. (Is it right what he is telling? or are they afraid to give the documents since they have convinced my grandma and got the will written on their name for a bigger share on the property, and so that they are planning that nobody else can create any problem or file any litigation if they sustain the documents with them until my grand ma passess away?
Please give me the suggestions point by point, because I completely dont have any idea on these matters. The property is in Tamilnadu, Salem district, very close to the Salem junction area.
1 Answer from Attorneys
23.03.2014
Dear Sir / Madam,
Yes. there is no hard and fast rule that the beneficiaries named in a Will should compulsorily have equal share in the family property.
Yes, if your cousin brother has been named as the custodian of the Will, he is authorized by the Testator (Maker of the Will) not to share it with any of the family members.
Regards,