Legal Question in Wills and Trusts in India
my share in the property
my grandfather bought a property[land] , he had three son's , he had loan repayment,he willed his property and asked my father to repay the loan and include the two brothers in it and give their share as well. But he did not give any share to his brothers neither did they ask for it.We are four children to our father iam the 2nd daugther and have two brothers and a younger sister. My father GIFTED half of the property to my elder brother in 1978 ,and the other half property by WILL in 1984 and we both sister's did not get anything and neither have i given any consent for the same ,as i was not aware of the GIFT DEED and WILL made by my father and PROBATE for both the will and gift deed have not been taken even after my father expired in the year 1997. Iam in possesion of the ANCESTARL HOUSE built by my grandfather in the above said property and my brothers are trying to get me out of the property through court. MY CONCERNS ARE
1. can i stop them from getting me out of the property ? if yes wat should i do?
2. does the will and gift deed made by my father stand valid ? how can i disprove it?
3. can i claim my share in the property? if yes how much and how?
4. can i take any stay of they evicting me from the property .
1 Answer from Attorneys
Re: my share in the property
You have not indicated as to where is the property situated? and which religion do you profess?
However, subject to its location, the answers to your queries are (1) yes, you can stop them from getting you out of the property, and file a suit for partition (2) yes, both the will and gift deed are prima facie valid unless you can prove fraud/coercion etc (3) you can claim share depending on which school of Hindu Law is governed, and (4) you can claim injunction in the partition suit.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
