Legal Question in Family Law in India
My grandfather migrated to India after partition and he was allotted agricultural land and house in Punjab. My grand father had gold business in Pakistan and he started the gold business in Punjab also in his name.
My grandfather also bought some more land from profits of agricultural income and gold business.
So, 60% land got after partition, they bought 40% more from same income, doing no job. (20% in name of grandfather and 20% in name of father). It means my grandfather name had 80 % land (60% + 20%) and father name 20%.
My grandfather died in 1998 and all property transferred to my father because he is only Son. Means 80% land transferred to my father and 20 % he had already in his name.
There were two houses, Gold business in name of grand father, and all this also transferred to my father.
I have evidence of kursinama for agricultural land where there is name of father, grandfather and great grandfather is mentioned,
I have evidence in MC records HOUSE TAX ( ALL FILE ) where when my grandfather gold business started in Punjab is mentioned and Two houses in name of my Grandfather.
So, all property transferred to my father because he is only SON.
We are three sisters and one brother. My father died on June 2010. My brother is showing the unregistered WILL to us. In WILL all three daughters are excluded and all property is in the name of my mother and my brother. The WILL wrote in 2002 in plain paper( not registered) and my father died on June 2010, and WILL signed by notary on JULY 2010, and Shown to me August 2010.
SO, my questions are
1. When I have to file a civil case which one line is better
A) Being a coparcener I have equal right in property
or
B) As per Hindu Succession Amendment Act 2005,Section 6, I am a coparcener, having equal right as to son, have right in agricultural property [ Section 4(2)], gold business, profits in both agricultural and gold business. and as Section 23 omitted and now have right in dwelling house and right to partition.
I am asking you because some lawyer suggest me you only use coparcener [line (A)] and there is no need of [line (B)]. I am confused how judge come to know that what I am demanding because all equality is given to daughters in 2005. Explain me which line is more logically true and why the lawyer say me not mention Act 2005, Section 6, Section 4(2) and Section 23.
2. Is this is considered a Ancestral property
3. Was my father had a right to write a WILL on all property.
4. Whether the WILL is considered valid because, property ancestral, Notary signed after father death.
5. My brother showing me a letter on plain paper ( NO DATE), mentioning that my father suspended me from all property.( only name of one daughter).
Have a good day
2 Answers from Attorneys
as the property is ancestral, the will can be made with regard to the share of the executant only and it is not binding upon other co sharers. no suspension of a co sharer can be made on a plain paper or otherwise as the right accrues since birth.
1. When I have to file a civil case which one line is better
A) Being a coparcener I have equal right in property
or
B) As per Hindu Succession Amendment Act 2005,Section 6, I am a coparcener, having equal right as to son, have right in agricultural property [ Section 4(2)], gold business, profits in both agricultural and gold business. and as Section 23 omitted and now have right in dwelling house and right to partition.
I am asking you because some lawyer suggest me you only use coparcener [line (A)] and there is no need of [line (B)]. I am confused how judge come to know that what I am demanding because all equality is given to daughters in 2005. Explain me which line is more logically true and why the lawyer say me not mention Act 2005, Section 6, Section 4(2) and Section 23.
You should follow the advice of your lawyer and could have asked him the reason behind it. In my opinion A is the option. Because law of pleading only requires the pleading and not the basis or law behind the pleading. that will be the line of evidence or argument whent the time comes. At this time you need pleading only.
2. Is this is considered a Ancestral property
Yes, it is.
3. Was my father had a right to write a WILL on all property.
Yes,
4. Whether the WILL is considered valid because, property ancestral, Notary signed after father death.
Will is valid if executed and attested by two witnesses in the presence of each other. it need not be notarised or registered. it can be on plain paper. so if notarisation has been done after the death of father it will not invalidate the will. Ofcourse, it still would require to be seen that Will has been executed by the testator, it has been attested by two witnesses, that there are no suspicious circumstances surrounding the WILL or its execution like undue pressure etc.
5. My brother showing me a letter on plain paper ( NO DATE), mentioning that my father suspended me from all property.( only name of one daughter).
It was to be incorporated in the WILL and not on the seperate paper. This itself is a suspicious circumstance surrounding the will.
You have not mentioned the education of your father
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