Transfer of propery through/against will
Mayur Rajan Gharat
(Querist) 25 February 2014
This query is : Resolved
Dear Sir,
This is Mayur Gharat from Tarapur, Mumbai
My query is regarding...
My Father's grand mother made will in which she transferred all his land in name of my father.
She had son who passed away soon after his marriage in 1983 then her widow daughter in law gone to her maaher(Mother's home) instead of taking care of my father's lonely cousin grandmother. my father took all the due care of her for almost 27 years.
In 2009 my father's grandmother passed away which resulted in removal of her name from 7-12 extract. Now on 7-12 extract daughter in law's name exist only. She is claiming that whole property belongs to her & filled case against us in court. which is 4 years old now.
We have original will signed by Father's cousin grandmother.
Is there any chance that court will give verdict in favour of us?
ajay sethi
(Expert) 25 February 2014
have you applied for probate of will ? you have to prove will has been duly executed by grand mother in favour of your father.
you have not mentioned whether property bequeathed by grand mother was her self acquired property or ancestral property .how did name of daughter in law appear in 7/12 extract . please clarify
Mayur Rajan Gharat
(Querist) 25 February 2014
Dear Sir,
Will is certified...Its is proven by our advocate.(Please correct me if my wording is wrong)
It is a ancestral property. my father cultivated rice since 1986 in the same land. I lost my father last year on 29.06.2013. Being eldest brother i'm looking into this matter since then.
Being member of family after the demise of grandmother's son her name appered in the 7-12 extract.
Rajendra K Goyal
(Expert) 25 February 2014
It seems that the will is not probated. Contact a local lawyer and show him all the documents.
Mayur Rajan Gharat
(Querist) 26 February 2014
Dear Sir,
WILL is probated because court has given verdict in favor of us when Advocate of Plaintiff applied for Manai hukum (Don’t know English word)& court rejected the same.
