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Division of father's property among the daughters
24-Jan-2023 (In Property Law)
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
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.
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.
Helpful?
10+
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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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.
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.
Helpful?
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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