This query is : Resolved 

Querist : Anonymous (Querist)
11 March 2011

To All the respected Lawyers on this website,
my name is Harmeet Singh from Dehradun, uttarakhand. Recently joined this website as a registered user. Would like to ask the expert lawyers about my latest concern on property issue.
Me and my parents were living with our Gandmother(mother's mother) since 1989 in Dehradun as my granny called my father and mother for her old age support as my mom does not has a real brother. We had a WILL from granny saying my MOM & myself as the successors after her demise. Now recently on Feb-1, 2011 my granny expired and my mom got into an emotional trap by her mother's far relatives on property. She filed a false case on me, my dad, and my wife saying that she wants all 3 of us to leave this house as she is the only owner now.
As far as I know that if my name is there on the WILL can I file a CASE in court asking for my share from my mother.
Please advise me something, as my family is breaking due to this.

Harmeet Singh
Dehra Dun.

Devajyoti Barman (Expert)
Click to Talk
11 March 2011

You did not mention the nature of the case filed by her relative. If your granny has executed a valid Will bequeathing her property in your name then without wasting any time apply for Probate or Heirship Certificate whichever applies in your State and fight the case accordingly. Nothing to worry.

adv. rajeev ( rajoo ) (Expert)
12 March 2011

You will have to file a suit for partition and seperate possession to claim your share as per the will. Will, will also decide in this case.

Advocate Bhartesh goyal (Expert)
12 March 2011

If your granny had executed valid will in favour of you and your mother then both of you and your mother have joint right of ownership over property.File partition suit and claim your share as per will and also move an application u/o 39 r 1$ 2 of C.P.C to get restrained your mother not to disposses you till the suit decides.

Kirti Kar Tripathi (Expert)
12 March 2011

if the property of your grand mother is falls within the scope of her self acquired property, the will is valid and you are now absolute owner of your share. you can get injunction and partition on the basis of said will. You can also produced the said will in the case filed by your mother.

Dayananda Gowda (Expert)
12 March 2011

I agree with experts

Chanchal Nag Chowdhury (Expert)
12 March 2011

The WILL needs a Probate to acquire enforceability.If your grand mother has made the Will as U have stated, U are also an owner alongwith your mother. So, U can also enforce your rights.

Querist : Anonymous (Querist)
12 March 2011

Dear All Advocates,
Thanks a lot for the above precious advice. Well, this is right as per law what u all said. One more thing I have in mind- What if my mom present a false WILL claiming only her name for the property. She is already staying alone in that house since 45 days now. Me, my wife and my dad have left that house on 8th Feb-11 due to relatives unnecessary pressure and police complaint harrasments. So just tokeep our mind and career in focus we left that house. Can I still file case for my share in this property on the asis of the WILL. moreover I just have a photocopy f the WILL, the original WiLL is with mom. Does the court accept that as a valid evidence t prove that I am also a successor in the property?..

18 March 2011

The will of your grand mother will be a valid evidence. You need to examine a witness/attester to that will also. You can file a suit for partition and separate possession of your share also

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