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Author Topic: Mother's property  (Read 1076 times)

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Offline gnavin29

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Mother's property
« on: June 18, 2015, 11:27:31 AM »
I am the only 70 yr old son with two married sisters, elder 72 yrs and younger 58 yrs . My 90 yrs old passed away one month back.

We have a House and my father did not write any will, he passed away with cancer in 1986. He never had interest to split the property with my sisters and he is a lawyer.
I changed the Muncipality tax, water  and other government papers on my name by mutation.
My mother has 15 acres of land from her parents.

She has written a will stating to give complete 15 acres land to one of her daughter and give part of her share of the house to her.
Is the Will valid? and can I challenge in the court

Offline saravanan.s

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Re: Mother's property
« Reply #1 on: June 18, 2015, 12:10:17 PM »
since your father had died intestate his property will devolve equally over the class 1 legal heirs - your mother,you and your sisters in equal share
so your mother is right in saying that her share in her husbands property needs to be given to one of her daughter.the will is valid

Offline gnavin29

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Re: Mother's property
« Reply #2 on: June 20, 2015, 08:17:25 AM »
Can I challenge in the court ? I was taking care of this property for last 25 yrs by paying all the taxes,repairs and constructed shops, 10 yrs back with Municipality approval. Nobody mentioned any intent on the property.
All of sudden, I hear about this will. My mother stayed with me all 25 yrs. She or my sisters never ever mentioned anything about this...? I wanted to pass on to my sons as gift after me.

Tell me how court can help me.

Offline advabdul

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Re: Mother's property
« Reply #3 on: June 20, 2015, 08:27:29 PM »
You can challenge the will, was the WILL REGISTERED if not challenge it.
Advocate Abdul
I am Muslim law Advisor

Offline gnavin29

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Re: Mother's property
« Reply #4 on: July 06, 2015, 09:21:44 AM »
I have three sons -44, 42 and 38yrs. They are struggling in their life. Two of them could not marry because of unsettled jobs. Can I gift the property to my three kids.

Or sell it to them at low cost for various reasons. They are ready to fight any legal challenges from my sisters. I am 75 yrs old to take this stress.

Last 25 yrs I was taking care of this property after my fathers death by paying taxes, repair works and resolving issues with my tenants. My sisters never supported me anyway. My mother lived with me all years and never expressed this interest or concern on property. My family is shocked to see such kind of will written 5 yrs back.
I don't know what influenced her to write, but I need justice for me and my family.
My Father mentioned  this property for me and my kids as I was doing a Private job.




 

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