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Grandfather earned and made will on my father. does the grandson have rights on it

(Querist) 05 October 2015 This query is : Resolved 
Hi,

My Grandfather had made a will on my father for all the properties that he earned as well as the property he inherited where as my father got married twice and each wife has a son.

As the first wife was not well after giving birth, she got her sister married to her husband and all live in same house.

Now my father has given a small portion of grandfather earned property to one son alone as a 'settlement to family members'.

1. Do my father have full rights to do so as it was earned not by him but by my grandfather.

2. what is the stake on 2 wives on these properties. We belong to Hindu

3. When my father is not supporting my mother who is suffering from an uncommon disease, is there any law through which I can demand him

Please advice.....



Kumar Doab (Expert) 05 October 2015
Is the grandfather alive?


Has the WILL been effected and property transferred in name of your father?
123456 (Querist) 05 October 2015
Yes sir, 20 years back my grandfather got his properties on his own name and died soon after.(Looks like my GF and his brother earned together and shared between them in 1991). I do not know what procedures my father has followed after his death as he feels insecure to share. But may I know would you be able to derive something from the settlement to my brother :

Documents I have ,
1. a will made in 1989
2. partition between GF and his brother (which they have earned together) in the year 1991
3.EC for period from 1989 to current date
which has:

*partition in 1991 and document no is 123
*settlement to my brother in 2013 where the ec shows the previous document number and year as 123/1991.


Please let me know if you need any other info. I never thought I would have to undergo this and juz now started collecting details...

Kumar Doab (Expert) 05 October 2015
If the property is self earned by grandfather then grandfather can give it away by WILL to anyone.The status of property acquired thru WILL should become self acquired to your father.

Your father can give away the self acquired property to anyone in his life time.


If the partition deed is registered then the status of property acquired thru registered partition deed should become self acquired to your father.Your father can give away the self acquired property to anyone in his life time.



The first wife is legally wedded wife.Your father is obliged to maintain her and take care of treatment of her sickness. The legally wedded wife has no forced share in self acquired property of her husband, in the life time of the husband.



All children may have a share in ancestral property.



You may show all documents on record to an able lawyer specializing in family/revenue/property/civil matters and well versed with local legally valid customs and laws.The lawyer that has examined all documents and record can advise you the best.






Rajendra K Goyal (Expert) 06 October 2015
Consult local lawyer, show him all the documents and discuss in detail.
R.K Nanda (Expert) 02 November 2015
123456 u do not have the courage to tell ur identity then why ru posting query on public web site.


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