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(Guest)

My query is regarding will

My uncle made WILL. And Transfer property to other uncle. But in will he mentioned all lands with proper details. But for one land details he only metioned house Bulit on that land not metioned total land. Total land is of 40 Guntha . Also, in the last paragraph IN will he mentioned that if i have any rights or any my property found please transfer to my that brother mentioned in WILL. Also, he mentioned in WILL he is working and doing business of cloth in a shop. Shop is on name my Grandfather. But in WILL he mentioned shop was on his name , which is wrong. land was family property. How i am going to prove this.


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 43 Replies

Siddharth Srivastava (Advocate)     16 August 2017

A person can only bequeath his owned property by way of WILL so if the property of your shop has wrongly mentioned in WILL then the same shall have no affect. You can file declaratory suit in this regard.


(Guest)

Thanks for reply. But what about land 40 GUNTHA. He mentioned only home bulit on that survey number.

And other lands mentioned clearly means there are other survey numbers with proper GUNTHA details given.

Also, i am not agree with WILL because all properties on his name are family properties, purchase on the name of uncle who made WILL  because he was unmarried. He mentioned in WILL that he is working in a shop which is ultimate family shop.

 


(Guest)

I wants to claim all properties mentioned in WILL because its all family property purchased on name of Lt. Unacle who was unmarried. Purchase from family income , he clearly mentioned i am workin and doing Business in shop. Shop is in still on gradfather's name. At that time we are joint family. We dont have any partion till date.

Please guide me. How i proceed.

Kumar Doab (FIN)     16 August 2017

Originally posted by : Chinmay C
My uncle made WILL. And Transfer property to other uncle. But in will he mentioned all lands with proper details. But for one land details he only metioned house Bulit on that land not metioned total land. Total land is of 40 Guntha . Also, in the last paragraph IN will he mentioned that if i have any rights or any my property found please transfer to my that brother mentioned in WILL. Also, he mentioned in WILL he is working and doing business of cloth in a shop. Shop is on name my Grandfather. But in WILL he mentioned shop was on his name , which is wrong. land was family property. How i am going to prove this.

 

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     16 August 2017

Originally posted by : Chinmay C
Thanks for reply. But what about land 40 GUNTHA. He mentioned only home bulit on that survey number.

And other lands mentioned clearly means there are other survey numbers with proper GUNTHA details given.

Also, i am not agree with WILL because all properties on his name are family properties, purchase on the name of uncle who made WILL  because he was unmarried. He mentioned in WILL that he is working in a shop which is ultimate family shop.

 

 

The properties whose title is in the name of Uncle ( Testator) can be disposed by WILL ( Bequeathed) by Uncle ( Testator).


(Guest)

Yes we are Hindu family.

Kumar Doab (FIN)     16 August 2017

Originally posted by : Chinmay C
I wants to claim all properties mentioned in WILL because its all family property purchased on name of Lt. Unacle who was unmarried. Purchase from family income , he clearly mentioned i am workin and doing Business in shop. Shop is in still on gradfather's name. At that time we are joint family. We dont have any partion till date.

Please guide me. How i proceed.

 

 

Your personal opinion, inner wishes and for that matter anyone's personal opinion, inner wishes, do not matter.

The facts of the matter, irrefutable record matters..........

Any WILL can be contetsed by legal heirs and .............if this other has an irrefutable interest in the estate.........

 

Family property does not neccessarily means ancestral property....

 

Is the said property (ies) that you have termed as Family Property is ancestral property.... without any doubt?

Kumar Doab (FIN)     16 August 2017

Apparently the uncle (testator) has bequeathed balance land also on which house is built.......

Is your father alive?


(Guest)

No its not Ancestral property. Property purchase by father and uncle. We used to leave together. My father is no more. 

Kumar Doab (FIN)     16 August 2017

Who died first; your father or your uncle uncle?

Was father of your uncle alive as on date of death of your uncle?

Has uncle left; Mother (alive as on date of his death), Wife (alive as on date of his death), sons, daughters....................?

Kumar Doab (FIN)     16 August 2017

Were other brothers and sisters of your uncle alive as on date of his death?

 


(Guest)

My uncle died first before my father, Uncle was unmarried. Both my grandmother and grandfather died before my uncle.


(Guest)

3 brothers and 2 sister including  single uncle to whom all property transfer. my father is no more.

Kumar Doab (FIN)     16 August 2017

Your uncle has disposed the proeprty whose title was in his name.

If the WILL is valid it can be acted upon.

Any WILL can be contetsed as already posted.

 


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