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electronics (-)     23 August 2012

Tenancy/pagdi property dispute

 

Dear Sir,

Need your help.

Background information:

We stay in a Pagdi/Tenancy Flat (building established since 1936) from 1936.
My grandfather (since 1936) was the tenant of the same and before his death he made a "WILL" where he transfered all the rights to my grandmother.
They have 3 sons viz., my father (eldest), and 2 other sons. The youngest brother of my father left house in late 1980's. My younger uncle(middle SON) is still forcefully staying with us.
My grandmother in her hay days has made a "WILL" in her own handwriting, that only my Father(eldest SON) with his family can stay in this house and the middle SON should not stay here since he has his own house (ownership property) in mumbai itself. Also as instructed by my grandmother the landlord also started giving the rent receipt on my Father (eldest SON's) name (since 1990's). The will made by her is not registered, but its signed by 2 witnesses.
The rent receipt & electricity bill is on my fathers name and he pays all the dues.
My grandmother had strictly told them to leave the house and go but they are not ready to go.

ISSUE:
There are chances of redevelopment of our buiding in few months. So I would like to know can my younger uncle(middle SON) legally make any  claim for the house after redevelopment?

Thanks.



Learning

 4 Replies

Advocate Rohit (Advocate)     24 August 2012

As you have said that your grandmother had executed a will in your fathers name. therefore, it is compulsory to probate the will which is done in the High Court at Mumbai. which certifies that the will is genuine and no one has any objection.

 

Since you haven't probate the will. it is possible that your uncle might challange the validity of the will if the redevelopment is going to take place. Therefore, You need to appoint an advocate who will file the petition and do the needful.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

electronics (-)     24 August 2012

Dear Sir,

Thank you for your prompt reply.

We would like to know what is the process to probate the will now as my grandmother is not alive now.

Regards

electronics (-)     24 August 2012

Dear Sir,

We would like to the process for probate of will. The will is written by my grandmother and now she is not alive. Please suggest how we can probate the will.

Regards  

electronics (-)     05 August 2013

Hello Sir,

I checked the process to probate the WILL, wherein all other stakeholders are asked whether anyone has any objection.

History: My grandmother in her hay days has made a "WILL" in her own handwriting, that only my Father(eldest SON) with his family can stay in this house and the middle SON should not stay here since he has his own house (ownership property) in mumbai itself. Also as instructed by my grandmother the landlord also started giving the rent receipt on my Father (eldest SON's) name (since 1990's). The rent receipt & electricity bill is on my fathers name and he pays all the dues

The will made by her is not registered, but its signed by 2 witnesses.

Question: What are the chances of the WILL getting challenged/objected during probate And what are our chances of getting a successful probate?

Requesting for your reply/help.

Regards


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