property dispute

Hello!!!

Point 1: What is your Religion: Since you will be governed by that particular succession act.

Point 2: When did your Grandpa die?

Point 3: Is the property your Grandpa's Self acquired or inherited from his ansectors?

Point 4: What are the details of the trust?

Point 5: A will deed need not be registered and there is no complusion to do so and it need not be on a stamp paper, it can also be on a plain white paper.

Point 6: Who are the witnesses to the will?

Point 7: You claim the will is forged, what is the basis you are making the claim?

Point 8: When were you married?

Kindly reply to my queries to advise properly.

Hi Vishal,

Thank you for the reply please find the details below:

Point 1: I am an hindu & stay at Bangalore

Point 2: He expired recently in Jan2009

Point 3: It is Grandpa's Self acquired property.

Point 4: The trust was made by my grandpa for the needy children it was opened only on 20th oct 2008 in which 3 are my relatives (one is grandpa's first son & other 2 are gandpa's son- in- law s& 3 outsiders).
The registation states that even if only 2 persons are in the trust then still it can continue max 8 persons can include & to become member of the trust first they should have donated. In the first will it states that in the build which has 4 houses one house should be given to trust & in the second will it states that all the houses will remain with the trust in the ground floor one house will be for my unmarried aunt & one for my uncle(elder son of grandpa) & in the first floor that house will be given for rent &  the rent will go to trust & the second floor will be for my father, it clearly states that the people staying in those houses can stay as long
as they want but will not have rights to sell that & after them it will remain with the trust.
Point 5: A will deed need not be registered and there is no complusion to do so and it need not be on a stamp paper, it can also be on a plain white paper.

Point 6: But the witness in both the will are different in one it is one of my uncle &  my grandpa's friend & in second will there are no witness

Point 7: My grandpa was not well during those dates(28th & 29th Dec) he wans admitted to hospital on 1st Jan in serious condition & more over his signatures in the bank, and in both the wills & other places like cheques differ.

Point 8: I was married in Feb 2009

Regards....

Hello sweety,

As the self-acquired properties, the will can be executed in favour of a dirty dog even. But, as far as 2nd will concerned , it is not executed as per law , because, the will must be executed before 2 witnesses

Hello Sweety,

As the self-acquired properties, the will can be executed in favour of a dirty dog even. But, as far as 2nd will concerned , it is not executed as per law , because, the will must be executed before 2 witnesses. Further , it need not be registered and it is optional for registration as per Registration Act

Dear Madam,

Point 1: I am an hindu & stay at Bangalore: You are governed by the Hindu Succession Act.

Point 2: He expired recently in Jan2009: You are also entitled for a share as per the amended succession Act.Point 3: It is Grandpa's Self acquired property.

Point 3: It is Grandpa's Self acquired property.: In case, there is no will all the children can share the property equally, Your share will be out of what is inherited by your father.

Point 4: The trust was made by my grandpa for the needy children it was opened only on 20th oct 2008 in which 3 are my relatives (one is grandpa's first son & other 2 are gandpa's son- in- law s& 3 outsiders). The registation states that even if only 2 persons are in the trust then still it can continue max 8 persons can include & to become member of the trust first they should have donated. In the first will it states that in the build which has 4 houses one house should be given to trust & in the second will it states that all the houses will remain with the trust in the ground floor one house will be for my unmarried aunt & one for my uncle(elder son of grandpa) & in the first floor that house will be given for rent &  the rent will go to trust & the second floor will be for my father, it clearly states that the people staying in those houses can stay as long as they want but will not have rights to sell that & after them it will remain with the trust.: The second will prevails over the first one so the beneficiaries or trustees have no right to alienate the property.
 

Point 5: A will deed need not be registered and there is no complusion to do so and it need not be on a stamp paper, it can also be on a plain white paper.:  An unregistered will does not make any difference.

Point 6: But the witness in both the will are different in one it is one of my uncle &  my grandpa's friend & in second will there are no witness: As per law of Wills a will must be witnessed atleast by two witnesses, else it is defective in law.

Point 7: My grandpa was not well during those dates(28th & 29th Dec) he wans admitted to hospital on 1st Jan in serious condition & more over his signatures in the bank, and in both the wills & other places like cheques differ.: Signatures differ due to growing age, however you say he was serious, what was his mental condition, since one of the rule is that the testator must be in sound mind while executing the will.

Point 8: I was married in Feb 2009: As per the amended act, you are also eligible for a share in the property.