Division of father's property among the daughters


We are three daughters and my father is expired very recently and no mother. father was a sole owner of all his property, he was staying with 2nd daughters for more than 15 years and he has given 2 houses to them later, now when we that is 1st and 3rd daughter asked for equal share in the property 2nd daughter says that my father has wrote a will in her name for all property. and the will has no signature of my father or the witness signature please help suggesting what to do

Answers (2)


327 votes

Hello,
If there s no registered Will then you can file for partition of the property before court but before that issue a legal notice through a lawyer. If they produce the Will before the court they need to prove it through the witness of the said Will. Even if it's registered Will and witness won't lead evidence or gives evidence against them then Will won't stand and court can set aside the Will and whereby property will be divided equally.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

129 votes

Madam

AS you told there is WILL which does not carry any signature or Witness there means that said WILL does not stand legally. You can ask partition. Let her prove the originality of the WILL. Here you all get equal share in the property.

Apart from that will should carry the signature or Thumb mark of the executor and the same should be attested by 2 witnesses.

As you told there is nothing, then you can seek partition of the fathers property.

Popular Property Lawyers


Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
23 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles