share of daughters on father's property

837 votes

With reference to your post you can file a caveat petition before the appropriate court and you also file necessary proceedings to contest the probate of will on the ground it has been signed on coercion influence etc hope I clarified the position

Advocate Mohamed Ashick LawRato

928 votes

There are certain clarifications required.
1. A will comes into operation only after the death of the testator. In this case, is the woman alive?? then the will has no operation.
2. Supposing the testator is dead, and the will is made within the limits of Chennai, then a process called as "probate" is required to make the will valid. A probate is a certificate from the High Court regarding the genuinity of the will. For this, notice would be issued to all the legal heirs of the testator, where the daughters will have an opportunity to prove that the will was executed by force.

LawRato LawRato

986 votes

The daughters may approach the Civil Court to seek their shares by filing the partition suit. In the same suit they may seek remedy to declare the Will executed by their mother is null and void. They want to succeed the case then they have to prove that the property was purchased by their father in the name of their mother from his own income for the welfare of the family. Further, they have to prove that the property purchased was a Benami transaction and have to prove that their mother had to income to purchase the property.

Advocate Selvaperumal LawRato

778 votes

She has every right to give the property in favour of anyone. In this case as per your claim she has given the property in favour of her sons. She is justified to do the same. The question is not how she acquired the property. The fact remains she is the owner of the property through documents. Hence she is entitled to alienate the same as per her wishes.

LawRato LawRato