• Disputing a will / intestate

Father died in 1984, mother was alive till 2008.

He had one son, 2 daughters.

Property has all gone to my brother.

We have asked for will for many years but he refused to show us.

I have now become a widower and he is refusing to support me in anyway even though he has a 80 core property with an income of 30 lakhs a month which belonged to my father originally.

I have gone to DDA, in Delhi and they have confirmed that the property is moved from leasehold to freehold in 2017 for 9 lakhs, and they have no records and the file has gone missing for my father property.

I have begged and asked him for the will but he threatens me. My son in law is willing to support me with legal fees if I have a case.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

You need to file a partition suit in court. You will also get documents under RTI

Prashant Nayak
Advocate, Mumbai
33128 Answers
215 Consultations

A suit must be filed against him and other legal heirs in a district court immediately. If he has a will he'll come forward with it or else the property shall be divided amongst the legal heirs.

Rahul Mishra
Advocate, Lucknow
14108 Answers
65 Consultations

Filesuit for partition to claim your one third share in property 

 

2) seek injunction restraining sale of property by your brother 

 

3) if your brother relies on will in your reply dispute genuine ness of will as no copy of will was produced inspite of repeated reminders 

Ajay Sethi
Advocate, Mumbai
97863 Answers
7937 Consultations

If you have the relevant details about the property (hope you may get from DDA), you may file a title suit against your brother for claiming your share of your father's estate, through a local lawyer, under intestate succession. If you brother contends that your father left a Will, the legal burden will be on him to produce the Will in court.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

- Since that property got free hold in the year 2017, it means the said property was not freehold during the life time of your parents. 

- Further, a DDA property without having free hold tag cannot be transferred by way of gift deed or a WILL, hence even if there is a WILL in favour of your brother then that has no legal value in the eye of law. 

- Further, if there was a WILL in favor of your brother or any other documents then also DDA cannot issue a freehold status legally. 

- It means the DDA has done that property freehold after having hand in glove with your said brother and that is the reason the DDA is not having a record with them.

- Hence, you have equal right over the property left by your father legally , and the said brother cannot take your share without getting your consent. 

- You can send him a legal notice to partition the property and to give your 1/3rd share of the property

- If no response, then file a partition suit before the court .

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
14903 Answers
226 Consultations

Dear client, 

you have to claim succession here in the court giving details of the property. Then if he claims he has a will, he can show it in the court directly. 

Thank you

Anik Miu
Advocate, Bangalore
10493 Answers
121 Consultations

1. Since your brother is not giving you a copy of the WILL,  purported to have been executed by your deceased father, it's likely that your father died intestate ( without executing a WILL ).

2.  If your father has died intestate, then all his moveable and immovable properties get devolved equally to your mother, one son and two daughters. Since mother has also expired in 2008, the property would devolve equally to one son and two daughters in 1/3rd share each.

3.  As per amendment to the Hindu Succession Act, 1956 in 2005 and subsequent judgements in this regard, daughters are also treated as Coparceners and they shall have equal right in their deceased father's property.

4.  Send a legal notice to your brother for partition of the property by metes and bounds.

5.  If there's no positive response to the legal notice from your brother, file a suit in the jurisdictional Civil Court for partition, declaration and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
5483 Answers
332 Consultations

You can file a suit for partition and ask for partition of property into equal shares and for separate possession of your rightful share in the property.

You do not have to beg him, you have a right for a legitimate share in the property hence you can approach court of law to establish your rights. 

T Kalaiselvan
Advocate, Vellore
88063 Answers
2377 Consultations

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