mohd (HOD - HR) 20 May 2010

Transfer of ownership properties

Hi,

my grandpa has a room in a housing society, after the daeath of my grandpa this room was transferred on my grandma's name on the basis of will of my grandpa's will in which afetr me grandma name 2nd is my father's name & 3rd is my uncle's name.

now my grandma has also died and my uncle has made some will papers statting that this room was on my motehr's name and she has transferred this room on my name. in this regards i have some question, which are as foolows;

1. is my grandama's will is valid or my grandapa's will is valid (as this property is belongs to my grandpa who's will indicate three nimonees 1) My grandma 2) my dad & 3) my uncle.

2.how can i get the will of my grandpa from society's office.

3.If society has transferred the room on my uncle's name on the basis of my grandma's will. Should we are able to claim on this room.

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3 Replies

Darshan Panchal (Advocate) 20 May 2010

Question is if at all ur grandma made a will? then when did she?. if she made a will why it was not brought to the knowledge of others?. seems ur uncle has produced concocted will in order to defraud you. In most of the cases like this, sudden emergence of will indicates the only motive of cheating and fraud. Contents of the will r to be looked into. When was it executed? who is the executor? does it bear signature of ur granndma? who were the witnesses?.You can certainly ask Society to furnish a copy of the same to u. U can also approach civil court and get the said will declared void.

mohd (HOD - HR) 20 May 2010

Dear sir,

Yes you are correct , he had fraudently made this will. On this will there are two witnesses siganatures & both are friends of my uncle. Second thing there is no signature of any society’s member or secretary on nomination form. Third my grandma was died in Dec – 99 & will was made on Nov-99. As my grandma was very ill from Sept-99. she was not able to understand anything when she was ill. My uncle has taken her thumb impression when she was unconscious.