Legal Question in Civil Rights Law in India

property law

we have house with vacant plot and it was in my grandmother's name who has two daughters and one youngest son. Daughters(My Aunts) got married before 1989 and my grandmom expired on 1985 with unregistered will stating that my father has ownership on our property and no claim for daughters, having two witnesses but not the daughters witness in it. now one of the witnesses is also expired and no idea about others. After my grandmom's death, my father got patta on his name and all taxes are being paid by him. Recently My father made settlement(husband to wife settlement) to my mother and applied patta on her name. So is this unregistered will without daughter's sign(my aunt's) sign is valid and settlement made by my father to my mother is valid or not. Do my aunts has claim in our property? pls explain.


Asked on 1/13/09, 3:21 pm

2 Answers from Attorneys
Sumit Mehta S 'n' S Law Offices

Re: property law

Dear Sir,

Your father enjoys a total ownership on the said property and thus can take decesions on the same.

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Answered on 1/14/09, 5:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: property law

The will may be acted upon without registeration.

Your father may continue enjoy the property without any disturbance from other legal heirs as is being done for the last twenty years.

The settlement in favour of your mom may not be legal if the property belonged to your grandfather.

Your aunts may not make any claim in the property at this stage.

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Answered on 1/14/09, 7:00 am


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