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sonia_kumari (lecturer)     17 May 2014

Changes being made at disputed property, please help!

Dear all

My maternal grandfather died in 2000. For the next 12 years my grandma and mentally unwell aunt were looked after by my married aunt and her husband. who moved in with them, since none of my well-settled uncles volunteered to help. Now, after my grandma's death in 2012, the uncles have come up with a 'will' written by my grandpa stating the property be distributed amongst his sons and nothing should be given to his daughters.

We think that this will was doctored as it contains descripttion of the house as it was in the 1960s and innumerable changes were done in the meantime by my grandpa until his death, e.g. a store room converted into kitchen, an open verandah covered to make a room etc. But, in the will, he describes them as they were in the 1960s and 70s when my mom and aunt were unmarried. He also states in the will that his daughters are happily married and well settled , so nothing be given to them. That was also not true.

1.  My first question is that he signs off the will in 1996, while the changes had been made in 1960s and 1970s. Does this fact make the will invalid?

2. One of my uncles, now living in a part of the property, has started demolishing a structure which was built in the 1970s. Can he be stopped from making these changes until the case is decided?

Please reply asap, thanks a lot!




 4 Replies

adv.raghavan (Advocate,9444674980)     18 May 2014

I do not know what is your locus standi, in this case, but still you can pass on this msg to the concerned person,.Will has to be probated, without probation it will not be considered as a valid document, so insist for that, and you contest the case at that time. If they are refusing to go by this way, file a suit in district court,praying for interim injunction to stop construction the WILL is disputed.

Usharma (Lawyer)     18 May 2014

We provide the services in the field of property laws which includes the services of Indian property lawyer for sale and purchase documentation of the properties in India. All services related to the litigation in the fields of property laws. We also provide all the legal services by Indian property lawyer pertaining to property disputes, purchase and sale, transfer, construction, partition, evaluation, conversion, lease, license. We also provide the services of drafting and registration of all property transfer documents.

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T. Kalaiselvan, Advocate (Advocate)     19 May 2014

In my opinion, your mother can file a partition suit ignoring the fact of an existing will over the property, let the other co-sharers defend the suit accordingly, in the suit, you may file an application for injunction restraining yur uncle or anyone from dealing with the property in any manner including encumbering it or renovating the same.


agree with adv T. KALAISELVAN

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