RC (Employee) 21 July 2008

Please help me

Hi,
I am a resident of delhi.
I am facing very difficult time at home.

Before my grand father expired, he wrote a will stating all the property on my name. Although all of his 6 childrens are alive, but he didnt gave anything to any one else except some amount of money.
There are 6 childrens of my grand father, my dad his brother and 4 sisters.
Now since none of them got anything substantial, they regularly have a fight with us ( with my parents) and now it is becoming untolerable.
The major role in the fight is played by my grand mother as she never liked my dad since birth, she has become a maniac and even do physical torture to my mom. Rest of her descendents support her and tell her the ways she can do so.

I cant bear this anymore. I need legal help now. I am planning to record the fight now, and take all of them in court.

I also understand that in india maximum no of cases remain pending, with no result out. But atleast i can stop their actions by taking them in court.

I am really in need of help. I have no issues with the expenses, ready to pay anything
but dont know how to move.

Their actions are spoiling my and my sisters career. Also my mom dad are now facing lot of health issues as they keep on thinking about this and getting tortured.

I am wrting here because i really dont have any idea how to take initiative. Neither have any freind who can help me.

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8 Replies

Srinivas.B.S.S.T ( Advocate) 22 July 2008

I can understand your position my friend. The 1st thing i suggest
you to mutate the revenue records into your name by showing the will to
revenue authorities. To be in plain language change the properties into
your name by force of that will and later no one can fight with you
even if they fight you can complain with the local police. My
earnest advise is not to file any suit nor try to probate the
will. Just appraoch the municipal and revenue authorities and mutate
the properties into your name. For more details and clarification you
are free to contact me at s_bsst@yahoo.com. All the best for you in
future. Regards.

Guna Shekaran R (LAWYER) 22 July 2008

Dear RC,

I also completely agree with Mr.Srinivas.

DO IT RIGHT NOW

R.GUNA SHEKARAN , indolegal@yahoo.com Lawyer Bangalore

Kanhaiya Singh (Advocate) 22 July 2008

Hello, if the entire property under the WILL was the exclusive property of your grandfather,then its OK. Otherwise, all the heirs will get their due share. One gets title, by the death of the executerunder a Will. Probate only certifies the authenticity of the WILL. I am of the view that you must file Probate under the supervision a local Lawyer since wordings of a Will with many technilities are to be scrutinised before any further legal step in the matter.

Krishnan Venkatachalam (Legal professional) 22 July 2008

Dear friend,

If your Grand father had resided in a city, his will necessarily has to be probated by court for its validity.

Prakash Yedhula (Lawyer) 22 July 2008

Since you say that you are a resident of Delhi, consult a lawyer for probate of Will.

amit gupta_lawyer (lawyer) 22 July 2008

you can contact me on this issue as i am practicing in delhi courts only

amitgupta_lawyer@indiatimes.com

Atul Bhuchar (LAWYER) 22 July 2008

dear sir,

I have read your query and wish to state that yours is not a new problem. I have also read some answers posted by my learned colleagues and wish to inform you that in Delhi Probate is not a necessity, but in your not case, since you are facing problems, it is best advisable that you get one. However, probate only confirms the genuineness of the will and also gives the executor of the will, powers to administer the will of the deceased.

Also in Delhi, (As suggested by my learned colleagues), mutation only gives you the right to deposit the property tax i.e. is to say it confers the house in your name only for taxation purposes. IT DOES NOT CONFER ANY RIGHT,TITLE OR INTEREST IN THE PROPERTY.