Aakash Buradkar 16 February 2018
Vijay Raj Mahajan (Advocate) 16 February 2018
Aakash Buradkar 16 February 2018
Vijay Raj Mahajan (Advocate) 16 February 2018
A person can make Will for his self owned property or portion of the property not the entire property if it is owned by two or more persons.A joint Will of two or more persons for co-owned property is possible.
Aakash Buradkar 16 February 2018
Kumar Doab (FIN) 16 February 2018
Ethically IT is wrong for Lawyers to accept cases on % basis.
That is why probably Mr. Vijay Raj Mahajan has not responded to your last post.
Kumar Doab (FIN) 16 February 2018
1st of all confirm which personal law applies in your case or all you all Hindu?
The WILL is a legal declaration and IT should be valid and testator should bequeath in accordance with provisions of personal law that applies……………
E.g; In case of Mohammadan’s the owner/testator cannot dispose by WILL more than 1/3rd of the his estate …………..until or unless his legal heirs agree/ratify the WILL.
In case of Hindu’s;
Central Government Act
The Hindu Succession Act, 1956
30 Testamentary succession. — 6 [***] Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so 7 [disposed of by him or by her], in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus. Explanation.— The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this 8 [section.] 9 [***]
https://indiankanoon.org/doc/685111/
(A joint WILL otherwise may be valid irrespective of personal law that applies)
Kumar Doab (FIN) 16 February 2018
The owner can dispose his/her estate/property by a valid WILL.
IT is matter of common sense that one can dispose if one does not own….
And that one cannot dispose more than one owns…
The testator could dispose only that estate/property that testator owned.
Is any of the 2 WILL(s) duly acted upon without any cloud on IT?
Either the legal heirs have to give NOVC or the WILL needs probate...
Kumar Doab (FIN) 16 February 2018
The question arise what was the fate of the court cases?
What was the decision?
What was this agreement/settlement vide which our uncle paid and your accepted Rs.5Lacs/
Was IT registered Family Settlement deed and the WILL(s) was narrated/covered in IT and also the court cases?
If, yes then probably you aimed results are compromised.
Therefore instead of jumping to protracted litigation 1st of all find: answers to pertinent questions and all relevant documents than asking Lawyer(s) to fight for you on % basis!
Isn’t IT!
Kumar Doab (FIN) 16 February 2018
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/succession matters and having successful track record…and seek guidance in person….by showing relavnt docs..
It may cost you a few hundred/thousand rupees for consultation for a considered opinion.
Kumar Doab (FIN) 16 February 2018
Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/succession matters and having successful track record…and seek guidance in person….by showing relavnt docs..
It may cost you a few hundred/thousand rupees for consultation for a considered opinion.
Aakash Buradkar 17 February 2018
Kumar Doab (FIN) 17 February 2018
Originally posted by : Aakash Buradkar | ||
My uncles and my father had fought court case regarding this grandfather's will years ago. As my father was not financially strong at that point of time, they both agreed for a compromise. My father got ony Rs. 5 lacs from my uncle and we relocated to another city to avoid any future contact with my uncles and their family.Now what should be the course of action if I want a share in my grandfather's property. Is there any provision of any lawyer who would be willing to fight a case on percentage basis on my winning share amount. As my financial condition is not too strong to fight a case right now. |
Dear LCI Querist Mr. Aakash Buradkar
Probably you will appreciate that I have posted heartfelt impressions after spending time on your query/posts.
You may get the copies of mentioned docs/settlement/compromise and show these to very able counsel worth his/her salt for a considered opinion..options anderits in each option.
You may appreciate that Grandson has NO forced share in Garndfather's property. His son(your father) in his lifetime can dispsoe/settle his share..........
If your fther felt that his rights have been infringed upon and he was wronged then he can agitate minding limitation...............
Priro to that as already suggested get hold of all facts,record and consult..