Contesting new will...plz help

prath (Querist) 26 April 2014 This query is : Resolved
Hello everyone,
I am student... studing abroad.. my parents stay in india..maharashtra..my mom few years back gave shelter to her parents becoz mom's brother and his wife started harassing thm...thy took his property sold it and put thm on streets....
thy ran away from thm...my mom helped thm...intially all was well thn thy became uncomfortable to stay in one flat in my parents name.. so brought a plot in my moms and nanaji's name.. with no clear distinction arrangment made..and were happy..mom took care of thm.. paid for every medical etc evry bill every needs poss.. 20yrs psd...1 yr back made a registered will saying his property is moms.. and recently he died..everything was fine then suddenly brother comes out of nowhr wit will older thn ours sayin nanaji property is his..which we had no clue of its existence. .
abhi sab tension me hai.. and I am helpless..
. I dont know how to approach. .
. is it even poss...
20 yrs he was missing suddenly he comes and we have to give it to him which is so not fair ...
Worst is naniji is now out of lonelyness god know what helping him..
besides will he has no documents..plus we have been payin all light bill maintenance everything from past 20 yrs...
please guide me...... everyone is telling me to do out of court settlement which means I have to pay him for no rhyme or reason...
Worst is again mom vl have to pay him which I really dont want to her do that...
mom brother is constantly hrassing us now o
for money....
we r also stuck with this property....
anyhelp advice is much appreciated... how to get rid from moms brother...
please some tell my option....
thankyou in advance....

New twist....
After taking ur advice I was planning to get probate for my will... my uncle signed an MOU dont know wht is it significance... but mou to a local gunda ie corporator and now he is threatening my parents....
plz help I dont how handle this mou....
any advice will be much appreciated
thankyou

Follow Query

Report Abuse

ajay sethi (Expert) 26 April 2014
1) if as per registered will of your grand father he has bequeathed 50%share in property to your mother then your mother is now 100%owner of property .

2) apply for probate of will .

3) no need to settle with your uncle . let him challenge will if he so desires

Devajyoti Barman (Expert) 26 April 2014
Yes, agree with Sethiji.
However since taking of probate in contested Will takes lot of time you may think of giving him some money of he gives NOC in grant of Probate.

prath (Querist) 28 April 2014
Thankyou for replies..giving some money was fine but wants much more.. that we dont hv....and can guys explain what exactly is probate of will

ajay sethi (Expert) 28 April 2014
probate is judicial proof that will is genuine

Devajyoti Barman (Expert) 28 April 2014
consult local lawyer.

T. Kalaiselvan, Advocate (Expert) 30 April 2014
Do not budge to the pressure or illegal demands made by your uncle. Proceed with the probate of the Will, as advised, let him contest the same if he can.

prath (Querist) 01 May 2014
thank you alll

prath (Querist) 05 May 2014
I was about to plan to file for probate...My asshole uncle signed an mou to local gunda ie corporator... and now he is threatening my parents...
Now wht is mou... is it legal... whn I told him I call police he backed ...off... but stilll...
plzzzz help...any advice much appreciated. ...

thank you....
any experts in pune....

prath (Querist) 05 May 2014
How do I handle... mou....

prabhakar singh (Expert) 05 May 2014
MOU between two unconcerned persons can not take away the rights of a genuine owner.

Law regarding WILL is that the LAST ONE PREVAILS.

Probate is issued by COURT when an EXECUTOR of WILL is appointed in the WILL.
If executor is not appointed in the WILL a LETTER OF ADMINISTRATION is issued.

BOTH HAVE THE SAME EFFECT.WILL STANDS PROVED AGAINST WHOLE WORLD.

Interference by local corpora under MOU can be stopped by court's order of injunction.

Visit a local civil law practitioner.

Guest (Expert) 05 May 2014
Addressing the Experts as 'Guys' and words like 'asshole' in the open threads and SMS language your query should have been ignored as you do not deserve any reply.

prabhakar singh (Expert) 05 May 2014
I AM SORRY TO MISS TO READ'THOSE WORDS' Mehar Afshan Ibrahim!

prath (Querist) 05 May 2014
Thank you for ur reply....
personally didnt mean to cause any disrespect to anyone...
its only was abit distrubed... so wrote msg out of frustration.

prath (Querist) 05 May 2014
Sorry for my language

ajay sethi (Expert) 05 May 2014
thanks for your appreciation

Contesting new will...plz help

Similar Resolved Queries :

Download LCI APP

Our Network Sites