Legal Question in Wills and Trusts in India
We are 2 sisters, 2 brothers, father and mother. Two Sisters and my elder brother have got the married and at present I am still single. My father buys a custodian property (Two Floors) since 1990 behalf sold after grand father�s property. My elder brother (Working in Government Sector) has taken the charge of our ancestral property in second floor.
Also he claims that my father had made a will giving away the (2nd Floor with Tersest) property to my elder brother. I would like to know my father have two married daughters and both of us have a right on the entire ancestral property? How can one prove in court that the property is ancestral divided by the equal share alongwith my father and mother?
What options do I have?
2 Answers from Attorneys
31.01.2013
Dear Sir,
(Kamla Nagar / Malka Ganj / Roop Nagar / Shakti Nagar - North Delhi)
A Will takes effect only after the testator (maker) of the Will has deceased. A Will has to be backed by a Probate to be obtained from the Court by the executor named in the Will. As I understand from what you state, your elder brother is in possession of the second floor purchased by your father in 1990; and you are in possession of the other floor purchased by your father in 1990. If you keen to get a partition done in the presence of your parents, your elder brother will have to part with 50% of his floor space in favour of your sister, and you will have to part with 50% of your floor space in favour of your other sister such that each gets 1/4th area of the total carpet area of the two floors. Mutual settlement recommended without Court intervention.
Regards,
You need to show the compete documentation to be able to provide you with proper opinion as to the nature of holding and the rights over the property of the family and to what extent is everyone's share.
Kind Regards
Setu Niket
Advocate
+91-9873109672
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