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hindu undivided property dispute


Respected Members,

 

My Paternal Grand Father had two wives and my Grand mother is the second wife. At the time of marrying my Grand mother he has given all his property to his first wife and started living with my grand mother. To make sure that there are no disputes in future from his first wife kids, the property my Grand Father earned after second marriage was transferred on my Grand Mother's name i.e. second wife around 70 years back. My Grand father died in 1960.

 

My Grand Mother has two daughters and two sons, my father being younger one. My Grand Mother backbone was fractured and was bed-ridden in 1996. The property has some disputes with Government on road widening. We recently came to know that in the year 1996 taking advantage of my Grand mother's physical situation my Uncle(father's elder brother) has forcibly took sign of my grand-mother on a Will in 1996, saying that since my grand mother is bed-ridden some one should represent her in the court physically for the disputes with Govt. and hence property will be transferred to Uncle's wife. But what was actually written in the Will is that all property of my Grand-Mother(given to her by my Grand father) will be given to my Uncle's wife, as she has served my grand mother during her bed ridden period. My Grand mother died in 1999 and using the Will my Uncle  has transferred property on his wife name after my Grand Mother's death.

 

We came to know about all these issues only recently as my Uncle has kept this very secretly, also my Uncle and father are not in talking terms from long time and also we don't stay in that village. Iam planning to take this issue legally and would like to know what are the points in favor of me and how strong will be my case if I go legally.

 

I request you to please reply to this post at the earliest time possible. I can pay the required fees if required.

 

Regards,

Srinivas.

 
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Respected Members,

 

My Paternal Grand Father had two wives and my Grand mother is the second wife. At the time of marrying my Grand mother he has given all his property to his first wife and started living with my grand mother. To make sure that there are no disputes in future from his first wife kids, the property my Grand Father earned after second marriage was transferred on my Grand Mother's name i.e. second wife around 70 years back. My Grand father died in 1960.

 

My Grand Mother has two daughters and two sons, my father being younger one. My Grand Mother backbone was fractured and was bed-ridden in 1996. The property has some disputes with Government on road widening. We recently came to know that in the year 1996 taking advantage of my Grand mother's physical situation my Uncle(father's elder brother) has forcibly took sign of my grand-mother on a Will in 1996, saying that since my grand mother is bed-ridden some one should represent her in the court physically for the disputes with Govt. and hence property will be transferred to Uncle's wife. But what was actually written in the Will is that all property of my Grand-Mother(given to her by my Grand father) will be given to my Uncle's wife, as she has served my grand mother during her bed ridden period. My Grand mother died in 1999 and using the Will my Uncle  has transferred property on his wife name after my Grand Mother's death.

 

We came to know about all these issues only recently as my Uncle has kept this very secretly, also my Uncle and father are not in talking terms from long time and also we don't stay in that village. Iam planning to take this issue legally and would like to know what are the points in favor of me and how strong will be my case if I go legally.

 

I request you to please reply to this post at the earliest time possible. I can pay the required fees if required.

 

Regards,

Srinivas.

 
Reply   
 


Advocate

Dear, Challenge the will on the ground of fraud and undue influence .... You have a good case because when the will was executed she was bed ridden and In such cases the burden of proof becomes easy to be discharged .... Was the will witnessed ???? Regards Kapil Chandna Adv 9899011450
 
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Advocate

it is a case of Partition with Your Uncle , Will Deed is kept  in Dark , your are not in the village  for all the years ,with a given version  by your uncle that the properties are in Joint Possession  , You  have no knowledge/Notice  about the Revenue Records of lands and Mutations of Property  and no Notice is given to you at the time of Mutations  , In the absence of   Knowledge  you  have to claim in Joint Possession of the property - However facts  in detail to be discussed for finally concluding the issue in dispute ! Call me /or/ contact me /

 
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Respected Kapil and YVV Rao,

 

Thanks for your valuable responses.

 

@YVV Rao: Yes sure. I will call you.


@Kapil Chandna: Yes the will was witnessed by my Uncle's close aides and one of them has expired. But how can we prove that will was done on the ground of fraud and undue influence.

 

Regards.

 

 

 
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