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Ramakrishna Garimella (personal)     27 July 2016

Ancestral property rights!

We are two brothers and one married sister and all are above 60 years old.My father recently expired.He shared his/our ancestral property between my brother and myself in the year 1982 with a word of mouth.Since he is retired govt employee and staying in the village he was looking after the shared lands.He kept the house under his possession and the house also not self acquired.After sharing the lands, my father got another 70 cents of land as his share from my grandmother which is also ancestral property.But though it was not required, our father and his brother who are entitled to the property got a written will from my grandmother specifying the land details with sy.numbers.subsequently,my father executed a will in fvr of my brother with rights to 70cents land and house for which I was not aware and came to know only after my father'sdeath.My mother is still alive and the original will deeds executed by my grandmother and  my father are inmy possession.Myself, mother and sister are against the will executed by my father and what is the legal course we can opt?In the will executed by my father says that he is giving it from the share he got while sharing the properties which is not written at the time of sharing propertiesin 1982 between the two brothers.

Revenue authorities advising me to go to court and they are helpless in this scenario.My father recorded the 70 cents land in his name in the revenue records which was unfair on his part.

Since there is no written partition deed, can I contest on my father's will? secondly, the land  my father got from my grandmother is different from the land executed in my father's will in fvr of my brother. The survey numbers differ.

Further, the boundaries are not correct as mentioned in the will executed by my father.

Kindly advise to get my share in the properties.

 

with best regards,

Ramakrishna Garimella

Eluru,West Godawari District,Andhra Pradesh.

7207214058

 



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 3 Replies

adv.bharat @ PUNE (Lawyer)     27 July 2016

Challenge the will in court of law if u had doubt about it.

Kumar Doab (FIN)     27 July 2016

It is believed that you are Hindu.

You have not posted Date/Month/Year, of death of your father.

It should be checked and confirmed if the nature of the property was ancestral/HUF/Joint Family or self acquired.

The Oral Partition has to be established.

The property from mother's side is not ancestral. It devolves upon husband and sons and daughters. You have not posted from whom and how the property was vested in the name of grandmother. All said and done if the property in the hands of grandmother was absolute/self acquired then she can bequeath by WILL. If the WILL is valid it shall prevail.

Likewise. If the WILL of father is valid it shall prevail. Your agreement and disagreement does not matter.

The defects if any can be subjected to test of law.

If possible opt for registered family agreement. It shall leave no chance for future litigation.

 

Rest is upto you.

If you wish you may proceed further thru a very able counsel specializing in revenue/family/property/civil matters.

 

 

 

 

 

 

 

 

Sandhya Srinivas (Advocate & Legal consultant)     27 July 2016

Consult an Advocate. As mentioned above by expert, details of facts and scrutiny of documents necessary to opine in your case.


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