Regarding my grand father asset settlement
Magesh Vadivel
(Querist) 20 April 2014
This query is : Resolved
Hi,
My grand father has two sons and three daughters and he died on march-2008 with out asset settlement,later my father went to grandmother on aug-2008 for asset
settlement.but she told us to discuss with my uncle (i.e) father brother on asset settlement proceedings.but my uncle(father brother) from aug-2008 to till now he is
not coming for settlement and postponing the discussion and also he his making advertisement/projection in news paper and public place (i.e)
He is the owner of my grandfather hotel which earned my my grandfather.
Questions:
-----------
1.Is there possibility uncle can transfer asset ownership name of my grandmother to this name with my aunt(i.e) father sister sign with out my father sign/authorisation.
2.Later year (i.e) 2013 my father got grandfather will which he has written in normal paper favour of my father and he has kept it in safety locker and signed by two witness.So whether we can use it in court/family settlement proceedings as supporting document from my father side.
Please Let me know on questions.
Thanks & Regards,
MV
Advocate. Arunagiri
(Expert) 20 April 2014
File a Partition suit, add all the interested parties to the suit.
Kumar Doab
(Expert) 20 April 2014
It is better to mention the faith to which deceased belongs and thus assess personal law that would be applicable.
It is believed deceased was Hindu.
You have mentioned about the WILL.
The WILL covering estate of Grandfather can be probated. The other legal heir may oppose. It is not a registered WILL. Approach the witnesses that have signed on WILL. You may also proceed to obtain injunction on advt/sale by other legal heir with a copy to Sub Registrar. Take the help of a local lawyer. Your lawyer can appraise you on the merits based on the docs and the best possible option.
If the WILL is not found genuine since the succession has opened after year 2005 and all ClassI legal heir shall share equally.
Any property that is owned by Grandmother can be given away by Grandmother in her life time to anyone as she pleases.
There seems to a likelihood of dispute.
Probably all legal heir believes how come a WILL has appeared all of a sudden. They may be apprehending that there would be a move and they won't get any share, hence the alienation.
You may give it a due thought and settle the matter amicable if possible and acceptable to all.
Rajendra K Goyal
(Expert) 20 April 2014
Proceed for probating of the will and after getting it probated proceed as per will.
If will is challenged, not probated your father has share in the property being Ist class legal heir.
