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Sister doesnt want to give me share in property of my parents
24-May-2023 (In Property Law)
Father died few years ago, mother died 8 months ago, two sisters remain, elder sister does not want to give to younger sister. Before dying mother some paper was made by uncle, 805 elder-20% younger share, rough paper two witness family friends , not registered, witness not present during paper thumb impression in hospital, mother highly sedated with medicine( not alert at all). what is younger sister standing, thnks
As per Given Information by Clients,
Will deed should be made and signed with awareness and full conscious Mind by the executor without coercion and undue influence and should be signed by at least two witnesses in present. will deed does not require registration as Indian Stamp act 1899.
As per given information by client: if younger sister proof that:
1.Executor( in this case mother ) has not in conscious state of mind ( unconscious due to medicine) and not fully aware what is written in will deed and signed or make thump impression in will deed
2. Witness is not present during the will is signed or make thump impression by executor of will deed
then from the facts and as per law, will deed is not legally valid
then both sister will get an equal share in property as per Hindu succession act 1956.
Will deed should be made and signed with awareness and full conscious Mind by the executor without coercion and undue influence and should be signed by at least two witnesses in present. will deed does not require registration as Indian Stamp act 1899.
As per given information by client: if younger sister proof that:
1.Executor( in this case mother ) has not in conscious state of mind ( unconscious due to medicine) and not fully aware what is written in will deed and signed or make thump impression in will deed
2. Witness is not present during the will is signed or make thump impression by executor of will deed
then from the facts and as per law, will deed is not legally valid
then both sister will get an equal share in property as per Hindu succession act 1956.
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Adv. Shrikrushna K Tambde
Nagpur | 25+ Answers
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