Legal Question in Civil Rights Law in India
settlement
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 signature in it. now one of the witnesses is also expired and no idea about others. After my grandmom's death at 1985, my father changed patta,EB on his name on 2002 and all taxes are being paid by him and patta changed to his name from 2002 to till date. Recently My father made settlement(husband to wife settlement) to my mother and have applied patta on her name.My father's first wife has expired 20years before and 1 son from first wife.for second wife 2 children are there(totally 3 children) 1)So is this unregistered will without daughter's sign(my aunt's) sign is valid? 2) settlement made by my father to my mother is valid or not?(property was in my grandmother's name)3)Do our elder brother(first wife son) has more power or equal power on property than us 4) Do my aunts has claim in our property? pls explain
2 Answers from Attorneys
Re: settlement
As your case is complex case you need proper legal counselling.Feel free to contact
Re: settlement
1. Yes, the will is valid.
2. The settlement may be valid if there is no other legal infirmity.
3. If your father is alive, your step brother may have no right to interfere in the transactions.
4. No, your aunts may have no claim since they were excluded in the will.
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