Legal Question in Wills and Trusts in India
My father have a self occupied residential house and adjecent land. he made a will in 2004. in which residential house given to my mother and adjecent land given to me (younger son). my four elder sisters are married and brother(elder) also, seperated to us. after death of father(2005), my mother also made a will of residential house in which she gave front portion to my brother and back portion (touched to adjecent land) to me. my brother with middle two sisters challanged father's will in lower court in 2008 and got 'status-quo' (heard. case is adjourned for filling written statement and reply to injuction application. however, in the meantime the parties to the suit shall maintain status-quo regarding the ownership as well as possession qua the suit property till further order). the other two sisters are performa defendent with me. the case is till pending in the court. my mother expires on march 2011.
now my brother demolishing the roof and one room on first floor and behalf of bad condition and costructed with cemented colums with some internal changes and a room on first floor . now the questions are:
1. can he do so where the case is pending in the court? if not, what can i do to stop this construction?
2. one side he says this portion given to me by mother, other side he already challanged the father will in the court, from which mother got the right to make that will. clear it.
3. can i sell or construct my adjecent land given by father will, till case pending in the court?
2 Answers from Attorneys
Whatever possession is held by the parties/legal heirs concerned shall continue to be in their respective possessions until the case of Will is decided- whether the will is genuine document or not? Whosoever shall do construction shall be doing at his/her own risk- case takes a few years to conclude. In case Will is held to be genuine- division shall take place accordingly, if it is decided to be fabricated - the division shall be by operation of law - equal to all legal heirs.
I agree with Mr. Sharma.
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