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How to resolve property dispute between 3 Siblings


06-Jun-2023 (In Property Law)
I am the eldest daughter in a family of three daughters. All of us are married and settled. My mother had written her will stating that the ancestral house (which was passed down to her from her mother) which bears my name and half acre of land to be passed on to me after her death. This was agreed upon by everyone including my father too. The other 2 daughters were asked if they want a share but declined. They were given a good amount of land equally well before my mother's death which they sold now. I was not given anything since I was always told that the house and the land belonged to me. A year ago my father said he wanted to go back to our hometown. Once there, he modified the will and split the property but hasnt completed the registration yet. Apparently there was a clause in the original will that my mother signed which stated that my father can change the will if required. Is there anything that I can do here to get back what was originally given to me by my mother?
Answers (3)

Answer #1
664 votes
Hi,

I have gone through the query. In your case you have failed to say the clause in the will which empowers your father to make changes, whether before of after the death of your mother.
We need to know the clause which empowers your father to modify the will of your mother, to advice and help you

Regards

PT Sheejish
Advocate,
Ernakulam
Answer #2
792 votes
On going through the problem it is seen that you are in danger zone. For further clarification I need to peruse the documents. I am reserving Remaining comments. ...
Answer #3
762 votes
The facts, as stated, are confusing. The will takes effect once the testator has expired. It is inconceivable that it could be changed subsequently. So also, how is that the property is ancestral? The papers needs to be perused and matters discussed.

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