nagarjun 27 April 2015

Query on my ancestral property

Hi Experts,

Hope you are doing Great!

Can you please advice me on the below query.

My Grand father has written a will on his self acquired propety where the will states that after his death the rights go to his wife

then subsequently after her death 1st floor will be given to his 1st son(my uncle) and Gfloor(my father) is given to his second son.

Its been 15 years our families got divided due to family disputes and my grand parents stayed with eldest son. They ditched us by sending our family away.

My Grand father died last year and grand mother is still alive and staying with her eldest son. Now my uncle is trying to sell that property without our notice.

So experts can you kindly suggest me can I or my father do something thru law to get our property back.

Kindly advice how to proceed further.

Reply Follow

4 Replies

Kumar Doab (FIN) 27 April 2015

Aoproach a local lawyer with the copy of the WILL. Your lawyer may opine that If the WILL was not amended by the owner you may probate it....... Or file for partition.

Kumar Doab (FIN) 27 April 2015

Aoproach a local lawyer with the copy of the WILL. Your lawyer may opine that If the WILL was not amended by the owner you may probate it....... Or file for partition.

bsrao 27 April 2015

First ensure the will is never replaced with a new one. For any one to get property from the will, it needs to be probated. Without doing this, they cannot unilaterally sell without your father's signature and consent. First issue them a legal notice and you'll find what the other party's response would be. If they come up with a new will, then you can contest it. You can abide by your counsel after that.

B S Rao

RAJESHWARI (accountant) 27 April 2015

Hi,

My friend proceed a case ag hisfather property in last year in the m/o May-2014,she was repoted so many times on case date but lawyer did not produce apposite party & asking her to produce a parer of property she file a case to her elder brother who live in Mumbai they are 3 sister & 4 brother but unfortunetly her mother,father & 3 brother died now they have some property in Mathura & some in Mumbai,she file a case ag her Brother & Nephew because they hold all property & refuse to give anything to 3 sisters ,suggest her what can she do?