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Shekhar (consultant)     04 July 2012

Property dispute

Hi Experts,

Need your help in getting my query answered...

My Grandfather has 3 daughters and no sons.. The property is in my Grandfather's name. After his death, One of our cousin somehow transferred the property to my grand mother's name and to his name subsequently.  My grandmother is very old now  and not in a position to speak or do her things properly... We doubt he obtained grandmothers thumb impression by some fraud means.

Can we file a case against him? Can the remaining grand children will have any right on the property? Can we take any advocate to her to write new will or to make the transfer to my cousin void?

What are the options we will have in case of grandmother's death?

Hoping to see responses... Thanks a lot!!

Shekhar

 

 

 

 

 

 



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 July 2012

Dear Shekhar, 

 

As soon as your grandfather expired, in absence of a will, the property came to be vested in his widow(grandmother) and daughters equally. How could the cousin get the property transferred in name of grandmother only. Anyways be that as it may, how did the cousin transfer the property in his name ? Was it through a Sale or a Gift or a Will ? In the last case - such will can be revoked by another will, in case of a Sale or a Gift - the same can be challenged by the other legal heirs (daughters/grandchildren) on grounds of undue influence/fraud/non est factum. 

 

Feel free to talk !

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 July 2012

Dear Shekhar, 

 

As soon as your grandfather expired, in absence of a will, the property came to be vested in his widow(grandmother) and daughters equally. How could the cousin get the property transferred in name of grandmother only. Anyways be that as it may, how did the cousin transfer the property in his name ? Was it through a Sale or a Gift or a Will ? In the last case - such will can be revoked by another will, in case of a Sale or a Gift - the same can be challenged by the other legal heirs (daughters/grandchildren) on grounds of undue influence/fraud/non est factum. 

 

Feel free to talk !

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 July 2012

Dear Shekhar, 

 

As soon as your grandfather expired, in absence of a will, the property came to be vested in his widow(grandmother) and daughters equally. How could the cousin get the property transferred in name of grandmother only. Anyways be that as it may, how did the cousin transfer the property in his name ? Was it through a Sale or a Gift or a Will ? In the last case - such will can be revoked by another will, in case of a Sale or a Gift - the same can be challenged by the other legal heirs (daughters/grandchildren) on grounds of undue influence/fraud/non est factum. 

 

Feel free to talk !

1 Like

Shekhar (consultant)     04 July 2012

Dear Bharat

Thanks for the quick response....

What actually happenned was, after the death of our grand father, My cousin made everyone believe that he's actually transferring the property to grandmother and that he required signature of all the sisters. Since the language is in the local language and no bodys know what was written on it and everyone had put in their signatures trusting him blindly. It turned out that the matter that is written is 'that the sisters don't have any right on the land and they are reliquishing all the rights and that they don't have any objection for the transfer of land to my cousin'. Now, when we checked, we found out that the land is in his name. We don't know what has happenned in the background. we don't know if he got the property by will or sale deed.. If indeed its through will, now since my grandmother is not at all in a position to do things on her own (don't think she knows what is a will), what options we will have? can we do something at all?? I guess WILL overrides all other..

And That signatures has been taken almost 4 years back...Another thing is, all signatures has been taken at the house.

Desperate to see responses...

 

Thanks again

Shekhar

 

 

 

 

 


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