In 1985 my father's property was distributed between my 3 brothers and they have not given any share to me. They have not taken my acceptance in the Will they made. Now I am seeking the legal openion whether I can fight for my rights in the court of law. What is my rights and whether if I fight in the court shall I win the case. Please give me your answers with reference to the Indian Penel code and rights act.
Answers:
If your fathers self acquired property was disposed by him during his life time by way of will where he distributed his whole property to his three sons %26 did not give any share to you any thing out of it, if such will was not amended till the death of your father then this will holds good %26 valid if the other condition with regards to will are fulfilled, these conditions are the age of majority which is there, fit %26 sound mental condition of the testator or your father, no force or fraud involved in his making such a will it was his free will, such will should be signed by the testator/ father in presence of at least a adult witness who witnesses this will %26 signs in presence of the testator/father. Any will can be challenged on any of these grounds at the time of probation of such a will, but the person who challenges it has to prove to the satisfaction of the court of probation that any of the conditions as mentioned above were contravened at the time of making such a will. The will comes in operation only on the death of the testator/father %26 it can be enforced by getting a probation order from the competent court, who issues notice to all the heirs of the deceased testator/father. These are the necessary provisions that are provided under the Indian Succession Act for the purpose of any will. Now if no such will exist then the share of the property of the Hindu deceased father has to be shared by all the sons %26 daughters equally if there is no living mother otherwise the mother also gets her share. This is very clearly provided under the Hindu Succession Act. Now your brothers very cleverly got your father sign his will where they did not inform you what they are getting done by your father, this amounts to fraud they played with your father while getting such a will made %26 executed by him. Here you require evidence to show that such a fraud was done by your brothers with your father, your mere statement will not be sufficient for it, if you can produce such evidence that will be sufficient to show that your father was not aware of the real intentions of your brothers %26 he was made to sign a document the contents of which were not disclosed or read out to him or he was asked or made to read it %26 were not in his knowledge till his death, then only such a will can be challenged not otherwise.
Your case may become time barred. Secondly Will is made by a person for disposing his property after death. So the "will" referrred by you must have been made by your father before his death. Your brothers cannot make a will for your father, after his death.
Last but not the least a female child has equal right in the property of her parents. So if you were four siblings, (one sister + three brothers) then property would go to alll of you in equal proportion.
I know I have not addressed your query clearly, but I need more information from your end to help you in this matter.
Vijay M has answered both your queries quite comprehensively i.e. If your dad left a Will, the property devolves as per the Will. if there is no will and he was Hindu, it devolves equally among all the heirs as per HSAct.
If your father passed away in 1985, and the contents of his Will was known to you back then, why have you waited so long. I dont think any court will condone the delay of 22 years; you would have to come up with a unique grounds for "sufficient cause" to justify the delay. You say: "they have not taken my acceptance in the Will they made". Who made the Will, your dad, your brothers, who? Im sure if you give more clarity to your question, someone like Vijay M could give you the correct procedure to be followed.
Equal rights now!
please add in detail
"wether your father left any will ?"
and was that property belong to your father only.
"does he bought that ?"
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