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nandakumar (admin)     12 November 2013

Legal opinion please

[Reply] Report Abuse Dear Sir/Madam, Please help, I want Legal opinion about the below mentioned problem:- My grandmother had a house and she had done a WILL in which she had divided it equally to me and my brother when we were minors.My brother was legally adopted to our relative.My grandmother is not alive now. After that when we become majors, My father and his brother did a partition deed in which they divided the house equally into two parts. now the khata of half of the house is in my name and my father name jointly. the khata of other half was in my father's brother name and his son name jointly. Before doing the partition deed they have taken a affidavit from my brother in that my brother had mentioned that he is not claiming anything in the above mentioned property. After that only the partition deed was done. After some years my father's brother had sold his half part. My father had passed away. Now My brother is asking for his share in the above mentioned house which khata is in my father and my name. So i want know legally does he has the right to claim? Thank You,



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 5 Replies

Laxmi Kant Joshi (Advocate )     12 November 2013

had he give in writing that he disclaim the property which your grandmother wants to give him through her will . if yes then he had lost his right against that property . Keep that affidavit with you safely as It will used as evidence of his disclaiming .
1 Like

nandakumar (admin)     12 November 2013

He has mentioned that he is not claiming any shares in the property allotted to my name(On Affidavit).

Is the affidavit sufficient ?

T. Kalaiselvan, Advocate (Advocate)     12 November 2013

Affidavit will be a substantial evidence to prove that he had relinquished his rights earlier but that cannot be construed as release deed.  Whether your grand mother's Will bequething the property in favor of her two grandsons only was acted upon or whether the said Will was not changed/revoked during her life time and whether the same was probated?, If yes, how did you father get a title to the property?  If your grandmother was the title owner of the property and had all rights to dispose the property in the manner she wanted it to be through her Will, the partition between your father and his brother stands invalid, the recital of Will is clear that the property will devolve upon you both the brothers so your brother's relinquishment of his rights over the property during the partition is also not valid.  Now see where you stand and the status of the property on different hands as per law.

1 Like

nandakumar (admin)     13 November 2013

Dear sir,

But the half of the house mentioned in the WILL was sold by my father's brother. I am leaving in the other half. So according to the WILL i am leaving in my half.Other half is not there to divided between me and my brother.

Faiz (Manager)     09 December 2013

Hi, We have ancestor property in our native (Vellore Dist) were people have done encroachment for past 25 - 30 years. we are trying to talk to them to resolve smoothly but they are not keen to talk.

Pls guide should i file a case in the court, if yes what will be turn around time to get results and whose favor the case will go.

Thanks

Faizan

 

 


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