Regarding a will made by my grand father
Harish Mishra
(Querist) 24 April 2013
This query is : Resolved
Hi
My grand father has been died in his will he has done seprate partition and made a trust my father and my uncle are satisfied with the will but one of my uncle who has died whose wife has taken a stay order on the property thats why we could not do any further activities on the property
in our mutual meetings the aunt and her sons demanding that disposed the trust there after we will talk but my father and my uncle wants to run the trust but other are whom i mentioned above not interested
this case has been rejected by the judge due to absent of my aunt on continuously about one month ago but now she has made an applicaton for the restoration
what can be a legal solution one thing they pointed out which is they stress on that my grand father got the property from his forefathers my grand father was a welknown civil lawyer.
Please suggest
Raj Kumar Makkad
(Expert) 25 April 2013
If the property was ancestral in the hands of your grandfather then his will creating the trust of his entire estate shall not be valid until all coparcener do accept it wilfully. The case of your aunt is perfect.
Devajyoti Barman
(Expert) 25 April 2013
Any person aggrieved by that trust can challenge the trust in the court for its revocation.
Harish Mishra
(Querist) 25 April 2013
Dear Rajkumar ji
This property came in the hand of my grand father by his father through partition which is in written on this land my grand father made a villa(Kothi) on it by his own earnings after that in a verbal family discussion he has made the partition and the place where he lived in that home that perticular part in the trust and the shops's rent which made by him is income of the trust the aunt is claiming for the trust place and the shops moreover the will has been write in year 1997 after that my grand father died in year 2002 there after on whole property stay given by court.
on perticular for me what can be a relief or can trust may be disolve?
Thanks
Harish Mishra
(Querist) 25 April 2013
Dear Rajkumar ji
This property came in the hand of my grand father by his father through partition which is in written on this land my grand father made a villa(Kothi) on it by his own earnings after that in a verbal family discussion he has made the partition and the place where he lived in that home that perticular part in the trust and the shops's rent which made by him is income of the trust the aunt is claiming for the trust place and the shops moreover the will has been write in year 1997 after that my grand father died in year 2002 there after on whole property stay given by court.
on perticular for me what can be a relief or can trust may be disolve?
Thanks
