File suit to set aside partition deed to claim share in property
seek injunction restraining sale of property by sivaraj
Mother's property share
Hi Sir/Madam, My mother (Lakshmi) has passed away in 20.5.2007 and wrote an unregistered will in 20 Rupees Stamp paper on 18.12.2006 for her father's ancestral property to my name (sathish). My mother has one brother(Nataraj) who has complete possession of the property and nataraj has transferred complete property to his son through partition deed (Sivaraj) in 2019. I have one brother (Ramesh), though my mother has 2 sons. Since I (Sathish) took care of my mother for last 15 years for her lifetime she has wrote a will to my name. Please note that there is no partition happened between My mother(Lakshmi) & her brother (Nataraj) Is unregistered will valid after 15 years ? Also I hope there is no share for my brother (Ramesh). Can i get the property share from my mother's brother (Nataraj) ?
Asked 4 years ago in Property Law
Religion: Hindu
21 Answers
1.The Willi is valid and even in absence of it the sahre of your mother devolves upon her legal heirs.
2. In such circumstances your uncle can not usurp her share and to claim the same you can file a suit for partition and for recovery of possession.
1. a Will is not compulsorily registrable. The unregistered Will is valid
2. under the Will your brother Ramesh is not named a legatee. So he has no share
3. yes. file a suit against him.
1. You shall have to apply for and avail grant of probate by the appropriate court in India.
2. Once you get probate of the said will, you can challenge the partition deed registered by Mr. Nataraj in favour of Mr. Shivraj.
Your mother's share of property, if bequeathed to your name then you can very well proceed with the acquisition of property by enforcing the Will. You may have to obtain NOC from your siblings to get the property transferred to your name in the revenue records.
Your paternal uncle cannot grab your mother's share of property.
You can initiate proper legal action against him for retrieving the property.
Does my brother have a share, even i have an unregistered will ?
Asked 4 years ago
answered
Your brother can contest the will
2) better option is to apply for probate of will
Unregistered will would be valid even after 15 years. Application for condonation of delay will be filed.
Your brother would uave no share, if will is proved to b3 genuine.
Also, you can claim your share from Nataraj. File a suit for partition for the same.
1. Registration of WILL is not compulsory but only optional. Even unregistered WILL signed by two witnesses is legally valid.
2. Send a legal notice to your uncle for claiming your right over the property.
3. If there's no positive response from your uncle, file a suit for declaration and possession of your share by metes and bounds.
4. Your brother will have right irrespective of whether the WILL executed by your mother is a registered one or an unregistered one, since as per your narration it's ancestral property.
As per Will, the properties bequeathed in the Will shall belong to the beneficiary named in the Will.
If the other legal heirs challenge the Will, the beneficiary may apply for probate of Will and establish his/her rights in the proeprty bequeathed in the Will.
The property is ancestral property of mother’s father that is your grandfather. Mother has not right to transfer the property to you as Natraj is having half share in it. The partition executed by Natraj in 2019 in favor Sivaraj is also invalid as Satish and Ramesh has half share in it. You will get half share in the property from Natraj. File a suit for partition and separate of property against Natraj you will get half share but you have to give half of it to Ramesh. The will is ineffective as the property is ancestral and as the property is ancestral Ramesh has right to share with you.
It is valid if it conform to the requirements of law. The perusal of the contents of the WILL can answer other questions.
Regards
G.Rajaganapathy
High Court of Madras
Dear Sir,
1) Registration of will is not necessary, unregistered will is thus valid.
2) The beneficiary mentioned in the will, will get the property thus your brother will not get any share.
3) Yes, you should file suit for partition, possession and declaration of you mothers property share in you name.
4) Your mothers brother cannot claim whole ancestral property as his
5) Injunction should also be filed against shivraj (son of uncle) and Uncle from creating any third party interest, ie preventing them from further selling off the property.
5) As mentioned above your brother will not get share, but he can file suit against validity of the will, for which you can seek probate of the will.
6) probate of the will - A probate is a certified copy of a will issued by the court that acts as a proof that it was the last will of the person who made it. Thus a probate is a method through which a Will is certified, under the seal of a court.
Thank you
1. It is not mandatory that will shall have to be registered. Even hand written wills are also valid.
2. Only the beneficiary of the will be the owner of the property after probate of the will is availed.
Is unregistered will valid for ancestral property(My mother's dad property and my mother wrote will to my name) ? There are some views that unregistered WILL is not valid for ancestral property, Kindly advise
Asked 4 years ago
Non registration dues not affect validity of will
what is necessary is that will should be attested by 2 witnesses
First of all, the property inherited by your mother from any source I.e., through her father or her husband or from her grandfather do not fall under the ancestral category.
From your contents it can be observed that your mother inherited the property from her father and this will not categorized as ancestral property hence the Will bequeathing the property is very much valid.
1. Registration of WILL is not compulsory. Even an unregistered WILL will have the same legal validity as that of a registered WILL.
2. Since it's ancestral property, your mother could execute a WILL only to the extent of her share in the property and not for the entire property.
1. Registration of WILL is not compulsory. Even an unregistered WILL will have the same legal validity as that of a registered WILL.
2. Since it's ancestral property, your mother could execute a WILL only to the extent of her share in the property and not for the entire property.
Dear Sir/Ma'am,
1) Unregistered will is valid, as registration of will is not necessary.
2) Once your mother inherited her share of the property, it becomes her self acquired property.
Thank you
1. Unregistered will for any type of property is valid.
2. A will has no value more than a scrap paper unless it is probated (only wills for properties in few places like N.Delhi are considered as valid without probate)
yes its valid you can execute the same and distribute the property as per the said will,
