Will declared it means will is invaild
Niraj Mistry
(Querist) 27 April 2017
This query is : Resolved
My grandmother make a will in year 2013. my uncle who is removed from property of My grandmother by making this will he is now put court commision of property. Our lawyer submit will copy and answer against my uncle suit. Does my granmother will now invaild ? Can she transfer property or make another will in her presence if property is court commisoning? No court order received after court commisiong. Can my grandmother make another will?
Advocate M.Bhadra
(Expert) 27 April 2017
without granting the will by a competent court of law through a probate case.Will is not valid.
Guest
(Expert) 27 April 2017
Your query does not make any sense due to the following deficiencies of facts:
It is not clear whether your uncle filed suit against validity of will or for his claim against the property.
Also, it is not clear how your grandmother acquired property?
Still further, you may also make clear, who removed your uncle from the property, if the property was purchased by your grand father and inherited by your grandmother and through which document inherited?
Advocate Bhartesh goyal
(Expert) 27 April 2017
Yes, your grandmother can cancelled the questioned will and execute another will during her lifetime as per her wish.
Niraj Mistry
(Querist) 27 April 2017
Sir,
My grandfather owns property, he purchase this property in year 1965-67 he build 2 floor from his retirement fund, he died in 1994. After that society add owner name as my grandmother no other name mention in society record, share certificate, & corporation till date. My 2 uncle sale this property without informed my grandmother. now my uncle who purchase this claim it. on 8th of this month she fell and broke her leg, she operated put 3 rod, she is leaving with us on same property on 2nd floor. When she ask clear my property to my uncle who has their own flat in same city he came back to claim. What should I do to help my grandmother ?
Kumar Doab
(Expert) 27 April 2017
Mr. Bhartesh Goyal has provided you with clear reply as per your previous posts.
Kumar Doab
(Expert) 27 April 2017
Now in your last post the owner/title holder as declared by you is; Grandfather (and not Grandmother).
Inheritance shall be as per provisions of personal law that applies e.g; Hindu.
Which personal law applies in your case; Hindu?
If your uncles (sons of owner) are legal heirs of their father alongwith their mother (wife of owner) and claim their share then what is the issue?
Niraj Mistry
(Querist) 28 April 2017
Thanks for reply, Currently My grandmother owner of property(House). My uncle occupied ground floor and 2 room on second he vacant this 2 month before and lock it. In between my grandmother fell as I mention earlier. We call my uncle to open locked house for use of his mother(grandmother) but he didn't. Before that from last 10 years my uncle never had relation with my grandmother. He never call him even both are leaving in same house. So my grandmother make will and she removed from her property. But he claim that he buy it as mention earlier. So Is that any way my grandmother reclaim this property for her own use as per her recent medical condition?
Niraj Mistry
(Querist) 28 April 2017
Dhingra Sir, My uncle file injunction suit for property.
Kumar Doab
(Expert) 28 April 2017
You have not answered any of the points raised so far in the thread.
The owner only/alone can dispose the estate that he/she owns by a valid WILL in his/her life time.
The WILL (valid WILL) operates after death of testator.
If you want proper response then post your answer to all points and post full details of the matter.
If your uncle(s) are owner, have bought the property, then neither their mother nor anyone else can send them out.
The aged and ailing mother can claim maintenance from her sons, daughters…………………..!
Kumar Doab
(Expert) 30 April 2017
Thanks for agreeing Mr. Rajendra K Goyal
