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Anonymous
in Property Law Family Law Civil Law
Asked August 01, 2017

Sister concealed the will made by father

  • 2 Answers
  • 202 Views

My father wrote a will in 2007 and registered in registration department. After the death of my father in June 30, 2009, My elder sister stole the will and partition done violating the areas mentioned in the will. She did not hand over a copy of the will even when I asked her several times.So I could not understand the facts. She constructed a house in my part (schedule B) and a part of her actual property as per will sold to 2 persons. I came to know the truth only in December 2014 and filed an O.S in February 2015. Can you give me a proper guideline to get my property back and what shall I do now? What will be the final decree from sub-court? 

Answers 2

Respected Sir/Madam

Better Advice can be given you only after talking to you., as there are many possibilities.

Better advice can be given if you are clear about your Location while putting the Query.

For further Query and Better Advise

Feel Free to Contact on Nine Two Seven Eight Four Five Seven Eight Two Two/Nine One Three Six One nine seven Nine Nine Two

Adv.Shuchi Agarwal

Agree Comment 0 Agrees over 3 years ago

 

 

 

 

Dear Sir/madam,

If you still have the copy of the Will then you can establish your claim in the court of law. Your elder sisiter can be charged with the offence of theft as per Section 378 of the Indian Penal Code.

Declaration suit can be preferred on the condition, when it anyhow gets decided that you are liable to get a share in the property (depends upon the contents of the Will).

If the Will is stolen and the contents of the Will cannot be recovered then Partition by metes and bound.  A civit suit for Partition can be filed in the court of law.

If the Will is not registered then it can be retreived from the office of the Executive Magistrate – they keep a record of registration.

If the Will says that you were the co-owner of the property which was sold, then an Injunctory suit can also be filed subsequently, in order to take back the property from the current owner. Because if it had been a joint ownership then your elder sister alone cannot end the property by herself.

 

Agree Comment 0 Agrees over 3 years ago

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