Anonymous
Asked August 29, 2016

How to get my rightful share of the property

  • 1 Answer
  • 220 Views

I am having ancestral property named on my father but he is dead now.my mother and brother reside in dat property .i live some where else due to my job. But now they are not in favour of gvng me ny share due to which i hav filed partition suite but now they have shown fake will in front of court which is not registered. Plz suggest me should i take my case back or i will get my share.

Answer 1

 

The will being unregistered does not make a difference, as S. 17[1] and S. 18[2] of the Registration Act, 1908, provides that registration of will is not compulsory and is optional on the part of the testator i.e., the maker of the will.

In this case, however, the will presented by your mother and brother will be considered as an evidence in your partition suit and hence, will be examined by the court before accepting the same. Your advocate can claim that the said will is fake in nature and can demand for examination by a handwriting expert.

Hence, it is advisable that you let the proceedings continue and bring to the court’s notice the fake will, so that it is investigated with care and not considered as valid evidence. Once, the will is established to be a fake will, you will get your share of the property, as in intestate cases, i.e., in cases where the property owner dies without a will, the property is accordingly divided among all the heirs of the deceased owner.

 

[1] Available at: https://indiankanoon.org/doc/561156/

[2] Available at: https://indiankanoon.org/doc/1632042/

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