Property

Grandmother purchased the property, ok, in whose name she bought? who is in possession ?

her legal heirs can claim their share.

As per the Hindu Sucession Act, after demise of your grand mother, the property shall devolve upon her son, daughter and husband.

Sir,

Thank you very much for your kind response.

In 1975, in my Grandmother's Name, the property was brought.  In 1979, it was partitioned.

In May 7, 1982 Grandmother made a unregistered Will in favor of her daughter-in-law (My Mother) and the Grandson (me).

In 1983, she expired.

Now, My Grandfather has the possession over the property as per the Will. But, he is in the Monastery as a Monk, at present

In the view of religion, his rights over the property came to an end, after becoming a Monk.

We are the absolute parties (Mother & Me) of the property.

But my father is trying to sale the property, illegally.

My Question is ...

1.    Shall I apply for getting probate of the will in Civil Court?
   
2. Shall I get the affidavit from the witness of the Will ?  (Only one witness is alive, at   present, others expired)
   
3.    Is there any other way to proceed further?
   

Thanking you.

Sir,

Thank you very much for your kind response.

In 1975, in my Grandmother's Name, the property was brought.  In 1979, it was partitioned.

In May 7, 1982 Grandmother made a unregistered Will in favor of her daughter-in-law (My Mother) and the Grandson (me).

In 1983, she expired.

Now, My Grandfather has the possession over the property as per the Will. But, he is in the Monastery as a Monk, at present

In the view of religion, his rights over the property came to an end, after becoming a Monk.

We are the absolute parties (Mother & Me) of the property.

But my father is trying to sale the property, illegally.

My Question is ...

1.    Shall I apply for getting probate of the will in Civil Court?
   
2. Shall I get the affidavit from the witness of the Will ?  (Only one witness is alive, at   present, others expired)
   
3.    Is there any other way to proceed further?
   

Thanking you

1. yes you shoul dapply for probat eof Will.

2. Yes the attesting witnesses will prove th egeniuneness of the Will, If only one is alive, thats enough.

3. No other way, you will have to execute the Will, through probate.

Ashok Sir,

Thank you very much for your Reply.

Thanking you.

Ashok Sir,

I need another clarification regarding this issue.

That is, how can I face the troubles from my Father, legally?

During the probate case, No third party shall interfere in the right of the property.  Am I right, sir?

Thanking you.