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mitr_ur_friend (aaa)     23 May 2014

About results of probate of will in maharashtra, india?

My maternal grandparents have passed away leaving behind 3 sons and 2 daughters (one being my mother). One of my maternal uncles has passed away, leaving behind two maternal uncles. About 40 years back my maternal grandfather had purchased a house from his own funds but made the title of house in favor of my maternal grandmother. This house property was not an ancestral property of my grandfather. So before his death, my grandfather instructed my grandmother to make a WILL by which my grandmother handed over the family house (titled in her name) to my senior maternal uncle. My senior maternal uncle registered the WILL, kept it secret till the death of my grandmother, and after her death initiated a process to execute it. But my junior maternal uncle objected the process of change in name at the land records / city survey office and demanded that the WILL of my grandmother should be probated. His objection was accepted by that officer who passed a judgment that my grandmother’s WILL should be probated. Till then the officer brought a stay on change in name process in favour of my senior maternal uncle.

Now in case, if the probate establishes that WILL made by my grandmother is fake, then - Will my mother and my maternal aunt will be the only two legal claimants to the house, since the property of mother is preferably handed over to her daughters first and then to her sons? Alternatively will all the five legal heirs of my grandparents will be the claimants to the house?



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 1 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     23 May 2014

All legal heirs of your grandmother are entitle for the share in the house...

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