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Jaichitra.K. (Junior Office Superintendent)     25 November 2009

Does my mother possess share on her father's own earned one

Hello Friends,

My Mother's father (My Grand father) has died in March 2009. He have one son and two daughters. He possessed 2.5 cents of land in one place and 4.5 cents in another place. He had made a will of all his property to his son alone in 1997 and it was registered by the son. But my grand mother don't know about it.  In his Will he had mentioned 2.5 cents and 10 cents of land to his son but before his death he had sold out 5.5 cents of the same property. Now the son has refused to keep his mother with him and sent out. She is staying with us now. My mother had suited a case for claiming partition on the property and I need advise whether the case will be favour to my mother?


 5 Replies

A V Vishal (Advocate)     25 November 2009

Going by the header in the query, it is understood that the property is self acquired property of your grandfather, unfortunately he has willed the property to his son and so there is no legal remedy available except litigation which cannot be fruitful. However, as far as the matter concerning the maintenance of your aged grandmother is concerned she can file a suit u/s 125 Cr PC and also procced under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007.

Sabir Bose (Service)     25 November 2009

From the query, it appears that a testament  is there in respect of the property of your grand father & that Will has not yet been propated. If the Will is not yet propated, your grandmother can be a party when a Miscellaneous Case will be filed by the Son of your grand father for probating the Will & can place her statement/argument before the Ld Court. Hence all you have to do is to keep a watch when & whether any Misc case is filed by the Son of your grand father. The Legal Opinion of Mr A V Vishal, Advocate will be very much helpful to your grandmother.

Jaichitra.K. (Junior Office Superintendent)     25 November 2009

Thanx Mr.A V Vishal and Mr Sabir Bose.

Already my grand mother has filed a case aginst her son. Now my mother, her younger sister and her mother were filed cases against him for property. Due to his son business losses many properties were sold out already by my grand father.  We have all the proof and documents of the sold out property. Shall we proceed in claiming.And one more thing my grand father is an ileterate and knows only to write his name in tamil. Nobody knows about the Will and if the witnesses for the Will refuse to appear for hearing will it be worth to claim property.

tanmay (lawyer)     26 November 2009

adding to what Mr vishal and Mr bose has adviced... remember one thing that registrtion of will does not mean proof of due execution.... that will have to be done by filing suit for probate of will as sugested by sabir and u can always become [party} to it coz due execution of will have to be proved acc to evidenc act.... but in ur case as u have already filed suit for partition... the person will come and defend his suit on the basis of will there u can challenge it and get the rquisite remedy..   do remember to claim injunctuction (stay) order in the interim..

1 Like

Anil Agrawal (Retired)     30 December 2009

 File a caveat. But prima facie on the face of the genuine will, mother has no claim.

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