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The Economic Times
The Economic Times
Business
Neelanjit Das

Sisters demanded 1/3 share in parents’ lands, citing Hindu Succession Law, but brother won the case in Madras HC; know why

A recent case in the Madras High Court showed how a correct Will could have prevented years of conflict between siblings over their parents’ properties. In this case, the parents owned multiple properties where the children (one boy and two girls) lived. As time passed and the daughters married while the son established his own family, the relationship between him and the sisters became distant.

The mother owned 12 properties and the father owned 26 properties. The mother passed away in 1991 without creating a Will. The father did make a Will in 2005 leaving his properties to his sisters and the brother’s children. However, the father made a serious error when getting the witness to sign the Will, which meant the court could not properly validate it years later. The mistake he made in the Will was witness related. What happened was the father wrote the Will, signed it and then came to the witness' house to get his signature. Years down the line when the court asked the witness if he has actually seen the father sign the Will, the witness said that the Will was already signed when it was brought before him.

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