Will
deepa
(Querist) 20 February 2015
This query is : Resolved
Sir
My grand father had own house in rajajinagar Bangalore, he has made a will with an advocate.
He has 3 sons and 1daughter. When he was alive he said he had written the property in everyone's name equally after him. But now my 2nd uncle is staying thereand refusing to show us the will after both my grand parents death. Also the advocate is blaming us unnecessarily and avoiding to show the will. My query is,
1. Has the will been changed according to my uncle's favour as he has only one son that's why he is secretingthe will, my grand ma's jewels etc after her death.
2. Why is the advocate supporting my uncle and cheating my father , aunt aa and another uncle, he is accusing all of us and avoiding to show and threateningus wwhat if the property was written on my uncle's name. Can we not question the advocate why he is not showing our grandfather's will.can any legal action not be taken on the advocate for secreting the will.
Sir we are not for money its only for justice we are fighting for becoz my other uncle is very much in need of that money for a serious cause I can't explain. Please advice us what can we do about my 2nd uncle and also that advocate.
Devajyoti Barman
(Expert) 21 February 2015
1. Only the latest Will be in effect if the same is validly done.
2.The advocate must have some vested interest in the property.
File a probate case for the Will executed in your favour.
ajay sethi
(Expert) 21 February 2015
issue legal notice to uncle and file suit for partition . if will has been made by your grand father in his reply uncle will mention about the will . you can also check in sub regsirtrar office if will is regsitered and obtain copy of the will
malipeddi jaggarao
(Expert) 21 February 2015
You have not seen the Will. You are not sure whether Will was executed or not. In these circumstances, better serve the legal notice on the persons who are holding possession of he property for partition. If there is any Will it will come out automatically. If there is no Will, you can file a suit for partition after serving the legal notice. If the Will comes out after knowing the contents, you can take further steps.
deepa
(Querist) 21 February 2015
Thanks for the advice but I don't know why that advocate is dodging us.
T. Kalaiselvan, Advocate
(Expert) 22 February 2015
Are you worried about the property or the advocate?, if you are concerned with the property,ignore the advocate, engage your own advocate, issue the person possessing the property with a legal notice through your father seeking partition and separate possession of his share, if there is no or any proper response, your father may approach civil court seeking partition and his share of property by a decree of court. The advocate is not above law hence do not be afraid of him or his threats.
Rajendra K Goyal
(Expert) 23 February 2015
Send legal notice and file suit for partition of the property. If any claim as per version of your uncle exist he would produce the will.
