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dhamodaram (Student)     13 January 2017

Grandfather property to grand daughter

I am Grand daughter, My grand father wrote a will that the property will be given to my grand children. By the time he wrote the Will we haven't born. Recently my brothers planning to sell the property without consulting me. I am a grand daughter do u have the same rights?


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 6 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     13 January 2017

Secure the Will which was written by your Grandfather, and file suit for injuction and possession of Property.

Kumar Doab (FIN)     13 January 2017

Agreed with Mr.Zoheb Khatri.

Act ASAP.

The 'Aitraaz' may also be lodged with the authority under whose jurisdiction property falls.

Otherwise if WILL exits but has not seen light of the day (and or is only gossip,rumor,hearsay) the succession as per personal law that applies may enable the legal heirs to stake claim.

dhamodaram (Student)     13 January 2017

The property has already been transferred. My brother has been transferred the property under his wife name. Can I still file a suit. Please advise.

dhamodaram (Student)     13 January 2017

Thank you very much for your valuable reply.

P. Venu (Advocate)     13 January 2017

Please state all the material facts.

Kumar Doab (FIN)     14 January 2017

You have posted that:

"The property has already been transferred. My brother has been transferred the property under his wife name."

 

You should  have mentioned the facts in 1st query?

On the strength of which valid document it has been transferred: WILL?

Which grandchildren are mentioned as beneficiary in the WILL?

The WILL is in whose custody?

The property in the hands of testator ;Grandfather; was self acquired or ancestral?

The grandfather is Paternal or Maternal?

Which personal law applies; e.g; Hindu Succession Laws?

 

Post full facts of th matter.

Prerably obtain certified copy of mutation record with all link documents from concerned authority under whose jurisdiction property falls say; Patwaari and show these to a very able counsel specializing in such/proeprtty/civil matters.

 

 


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