Dispute in joint family property
tanya
(Querist) 10 September 2012
This query is : Resolved
hi sir,please help us on this.this is a commercial and residential property case.my father have 2 brothers and 1 sister.elder brother died and our grandmother made 3 wills with consent of every member and the 4th will is made without consent of my father and his sister.we came to know now whn our grandmother died.our taiji and uncle made changes in will and gt it registered when my grandmother was alive.she was of 85 yrs of age and had medical problems also and was illiterate,was also using hearing aid as cant listen properly.Now,changes made by them in will is nt ok with my father as they have taken some portion of my father's property in last will.So i want to know can my father go to the court based on last three wills and my buaji can also file case against them .......please help ....
Sudhir Kumar, Advocate
(Expert) 10 September 2012
All previous wills stand cancelled each time a will is prepared.
Adv Archana Deshmukh
(Expert) 10 September 2012
Your father can challange the last will of his mother if he suspects it was made under the influence of force or fraud upon her.
Raj Kumar Makkad
(Expert) 10 September 2012
Last one will which even was registered shall prevail but the same can very well be challenged by your father on various aspects. You have not disclosed the source of those properties against which your grandmother made her will. I think your grandmother made will against all properties which your grandfather left. If this is true then will is automatically incorrect and illegal. On death of your grand-father both of your uncles, your aunt, your father and your grandma all became co-sharers of equal shares and thus your grandma could have made her will only upto the extent of her share received by way of inheritance of her deceased husband.
ajay sethi
(Expert) 10 September 2012
is it yopur garnd mother self acquired property? or she inherited it from your grandfather as per his will ?
clarify
tanya
(Querist) 10 September 2012
thanx for the reply,first will was made by my grandmother when my grandfather was no more.We have property in a market area(i cant disclose),ground is commercial and above is residential.back portion was in my tauji's name,front portion was on my uncles name and middle portion is in my dads name,so my dad asked for the exit from back side and passage in case of any problem(kind of emergency exit),when my tauji was alive,they agreed and that was menitoned in all 3 wills,now when my tauji died,my dad gave a rough copy of will to my uncle and taiji to make it fair becoz now my tauji's name needed to be removed as he died and change it to taiji's name,in that case only,without my father and my buaji consent,my taiji and my uncle made changes in will by not giving that emeregency exit to my father from back side and registed that area in her name(becoz there is a wall after which back portion in my taiji name start.So plz tell when that emergency exit is there i mean a door is already there,and now that area of door is taken by my taiji in last will,my father can challenge that in court or not becoz he is using that area since 1 year......i am sure meri dadi ko nahi pata hoga ki will mei kuch change hua hai...matlab mere dad ki jagah unhone apne naam(taiji) kar li hai.aur yeh last will jo banai gayi thi vo last year bani thi auri meri dadi 2012 mei expire hiu hai....meri buaji bhi iske against hai ki chori se will banayi gayi,sari wills mei merre dad ke pas back emergency exit hai..aur last will mei remove karva di gayi.....
tanya
(Querist) 10 September 2012
mam archana,plz tell on what basis my father can challenge that will...becoz we know that my dadi must have been kept in dark for changes,she was 85 yrs,medicaly nt well...had hearing prblem,heart patient,had sugar,had joints problem in her legs,used to walk only with stick....my buaji can file a case stating she gt only 1 part of the property as others -my dad 1 part,my uncle 1 part,my taiji gt 2 (1 is first florr),comercical back portion dadi gave it to my tauiji as it was in my dadi's name becoz she used to live with them only on 1st floor
ajay sethi
(Expert) 10 September 2012
consult a local lawyer
tanya
(Querist) 11 September 2012
plz reply archana mam
