Sir,
My father (Hindu) died in 1978 leaving behind W, S1 (It’s me), S2, S3 & D1. He didn’t leave any will behind. The land falls in Lal Dora area and no documents/papers are available with respect to the same. Now my mother has made Transfer deed in favor of S2 & S3 under impression and in influence of others as if she became owner of the land after the death of my father. My mother has been biased towards me for reasons best known to her. Now I need to know:-
1.) Does Rule of succession (as laid down in Section 8 of HSA, 1956) get affected in any way merely because of the fact that land falls in Lal Dora area?
2.) If answer to question no.1 is NO, then I believe total land needs to be divided equally among all co-shareres ie. W, S1, S2, S3 & D1)?
2.) If answer to question no. 2 is Yes. Then I’m bound to challenge the Transfer Deed mentioned hereinabove only during lifetime of my mother or it can be challenged any time after her lifetime as well?
3.) Will it be a valid defence for my mother to say that My father himself purchased the property and orally gave all the property to her alone way back in 1978 before dying and she is not able to produce any paper but can produce fake witness with respect to the same?
Thanks in advance.
.
