machindra patade (Deputy Manager) 21 May 2012

Ancestral property distribution- fraud will

My grandfather died around in year 1987, Leaving grandmother two sons & two sisters (sister were married before 1975)

Earlier my grandfather distributed the Ancestral property (Land) in to three parts. (one each share for two sons and one share for themselves) but did not prepared the will.

Now second son (my fathers brother) had transferred the third share (1/3) through the will of grandmother (fraud I say as my grandmother was around 98 years old and was medically unfit).

Will prepared around in the year 1995. Grandmother died around 1996.

My father filed a case for equal distribution of land and to terminate the will in the year 1996. Trial court given decision in favor of my father after around 12 years (2009).

But my my fathers brother have appeal further to that also. Still the case is on. In practical they have captured the 80% of the property based on his relation to political parties and police.

My father is 81 years old now.

My father have put appeal to distribute the Ancestral property as per law and as per the trial court decision. Not aware when the things will be clear ?

Considering the above scenario's pls advise to solve the matter with the below few points.

1> How I will get help to resolve the matter smoothly asap ?

2> Where to approach to resolve at one go ?

3> Can my father file case against his brother for compensation for this loss.

4> Can my father approach to Supreme Court to resolve the issue permanently and how ?

Pls help.

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3 Replies

machindra patade (Deputy Manager) 22 May 2012

Will any one help on the above matter.

Vishal Gehrana (Advocate) 25 May 2012

Well, I have gone through your problem. there are some points on which things are not clear to me. What I understood is that your grandfather partitioned an ancestral property among his sons and himself and by that partition each of them got 1/3 share in the property. However, after the inestate death of your grandfather, his own share (1/3 in this case) will be distributed among his heirs. In that way your father's and your uncle's property become more than what they got originally through partition. Now ur uncle transferred the share of ur grandmother, which she got out of 1/3 share of her husband that is ur grandfather, through forged Will.

If the above problem is the same what u asked for, My ans is as follows:

1. You can resolve the matter through mediation that is through Lok Adalat but considering your case facts, I have a doubt that you will get the success as botth the parties are actively contesting this case, it would be bit difficult for them to come for this method.

2. You said that your uncle has occupied illegally 80% of the disputed land with the help of present political conditions. My suggestion is that when the lower court has passed the decree in your favour, it must have also certified the map of the property annexed with your plaint of the case. Now when the case comes before the appellate court, the appellate court normally,on the request of the party issues an order for the stay of execution of decree and for status quo of the property during the pendency. Check what is the situation in your case in this regard. If the same order was issued in your case then just make a new application before the Appellate court mentioning in it the changes made by the appellant during the pendency and for restoring the previous position. Also make an application before the court to direct the police to provide help in such restoration.

3. As police is in favour of ur uncle and they are just violating the decree by illegally occupying most of it part, you may, in addition to the above remedy, also file a case for the breach of the committing breach of the order of the court against those officers and ur uncle.

4. The loss and compensation may be claimed in the same case.

5. No, you cant approach SC directly in this case for the remedy claimed under the original plaint unless and untill there is a breach of fundamental right. Though article 136 is there under which things may be resolved by the SC but SC in an exceptional circumstances allows such special leave petition.

For any further query, feel free to ask :)

Yours,

Vishal Gehrana, Adv

manish (student) 10 November 2013

I have similar problem but in my case my case my uncle got the 2nd will signed by my grandfather only and now my uncle is claiming the property after 4 years of death of my grandfather and saying that another will was made by my grandfather making my uncle the sole owner of my grandfather share.he has produce a will made just 2 year of my grandfather's death(at that stage he was above 90 yrs and mentally chalanged and doesnt remember people thn how can he sign) showing withness as some other people from who were not part of the earlier will.

my questions are as follows:

can my grandfather make will of ancestral property without askin or telling other childrens.

which property he can include in his will one he has got from ancestors or the one he bought or both.

and on which prop my father's sister can claim for share

Please reply as soon as possible and the legal step that could be taken as the police is in total support of my uncle and his sister due to some bribe of somethin.