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rajajee   17 January 2017

How to claim grandfather's property

Dear Sir/Madam, My mother is survived with 2 daughters and my father left her at my age of 3 and now I am 30. Still my mother has not divorced my father, but we three my mother and my sister are staying away from my father from past 25 years. I heard that my paternal grandfather has written a "will" on our name (grandchildren), but my father has not shown the "will" to any one and he has hidden it somewhere. By the time we were born my paternal grandfather was deceased. So is there any possibility to request honorable court to ask my father to show the "will". Or is there opportunity to claim for the property. My father has hidden all the documents and we are unable to access to any of the survey numbers or land details. Thanks in advance. VR


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 6 Replies

Kumar Doab (FIN)     17 January 2017

It is believed that you are Hindu.

Confirm.

The property of Grandfather was:  ancestral property or self acquired.

The WILL has to see light of day to act upon it.

Since your father is not beneficiary and rather loosing his share (inheritance) due to WILL in your favor,he may destroy it.

 

Is any copy kept anywhere in your knowledge?

Is the WILL registered?

 

 

 

 

rajajee   17 January 2017

Hello Sir,

Thanks for the reply, yes we are hindus. This property was acquired by my grandfather and it is not ancestral.

There is chance that he may destroy the will, till now the will has not been disclosed.

The will is not registered and we couldn't find any copy.

Please advise on how we can proceed.

Kumar Doab (FIN)     17 January 2017

Has the witnesses kept a copy?

Check with them.

It occurred since the relations are strained and since your father is not beneficiary and rather loosing his share (inheritance) due to WILL in your favor,he may destroy it.

Who will come forward  and testify and  bring what evidence to adduce that a valid WILL was  left and it was destroyed to defraud the beneficiaries?

 

 

 

Ms.Usha Kapoor (CEO)     17 January 2017

Unless eye witnesses testify  the existence of a valid will when the testator, your grandfather had written/executed the will in your facvor before the court  there is no way that you can inherit that property you mY HAVE GOTTEN BUT FOR  THE POSSIBILITY OF YOUR  FATHER DESTROYING IT.IF YOU APPRECIATE THIS ANSWER PLEASE GIVE ME A LIKE ON MY PROFILE.

G.L.N. Prasad (Retired employee.)     18 January 2017

You can also try at jurisdictional Registrar's office, if the will has been registered.  In that can you can obtain copy from Registrar.  If he has really mentioned your names in the will, he should have certainly got it registered to give a benefit and to avoid legal complications to you.  Make a try as per laid down procedure for obtaining certified copy with Sub-Registrar.

Kumar Doab (FIN)     18 January 2017

Try to find out from persons that were close to your grandfather and were trusted by him.

They might be able to share the details of property,WILL.

 

 

 


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