Legal Question in Real Estate Law in India
Dear Sir,
i would like to ask you the question about my Right in Fathers property, who made this on my mother's name in NCR.
My father constructed Three storey house some 40 30 years back. We are one brother and two sisters. I am the eldest one, second one is the sister and third is our brother.
After marriage of my brother some 29 years back, his wife started troubling my parents, infact my father is also died in my sister's house. now my father and mother are both died 10 years back.
When i asked my brother to share the property among three, his wife is not agreeing adn started abusing and fighting. My brother is like a puppet in front of his wife all these years.
I am 70 years old, my sister is 60 and my brother is 57.
Now when I asked for the property they showed me a will on Rs2/- stamp paper that all the property is trfd on the name of my brother, infact they showed the my mother's thumb impression on the will and and counter sigened by my father.
I am sure that the sigh is not of my father and thumb impression is also a doubt.
My sister in law is always keep on fighting and cursing with my parents till their last day of death, so how can they will all property to my brother, Strange.
I would like to know if I can challange that will and get my share in the propery? As my sister is coward doesn't want to act or like to speak in front of brother's wife.
please Advise.
xyz
1 Answer from Attorneys
you can challenge the will. You will have to file a suit for partition of the property claiming 1/3rd share in the property, they will come up with the will which you may challenge at that time and not before. You have a valid reason. You will have to prove that your sister in law was fighting with your mother and father and there was no good reason for your parents to pass on the title to them.