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shailja suyavanshi (proprietor)     25 May 2013

Need advice

Hello. 

I need advice regarding a will which was executed by my grandmother in the name of my eldeest sister. According to the will she has given everything to my sister who has been staying with her since childhood. She has also willed the property which stands in the name of my father. My father had inherited the said property from his maternal grandfather and through a civil court judgement which was passed in 1982. my father passed away in 1998 after which his will was executed and the property was tranfered to my mother's name as per his will. Though there is documental proof that the property was never in the name of my grandmother it has still been willed to my sister. Presently there is a case filed my mother and paternal uncle challenging the will. My sister does not get along with anyone in the family and has been harassing my mother. I would like to know what can be done as my sister has got all documental proofs removed from the the offices and has also bribed people in stealing away the civil court judgement papers from the court. Our mangers who used to handle the work during my father's time have not given us the documents after his death. Repeated attempts to get the papers have failed. The mentioned property is in Uttar Pradesh and there seems to be no legal system followed here. Please Help.Would be very grateful for any advice.



 6 Replies

Advocate Rohit (Advocate)     25 May 2013

if the property is ancestral, then your mother cannot give it as a will to your sister only. the property shall be divided equally among all the legal heirs.

 

You may approach the court with the documents, if not available, then you may go to the talathi office if the property is in village or the Tehsildar office if the property is in city/municipal limits. there you can come to know in whose name the property was for last 30 years or so.

 

that would help you to prove that the property was not purchased by your father, instead it was an ancestral property.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai 

shailja suyavanshi (proprietor)     25 May 2013

Thank u so much sir.

shailja suyavanshi (proprietor)     25 May 2013

Thank u so much sir.

shailja suyavanshi (proprietor)     25 May 2013

Thank u so much sir.

P S MURALIDHARAN (Senior Accountant)     26 May 2013

Most respected Sirs,

                One of our friend residing in our flat despartely needs legal heir certifcate. Her huband who recnetly passed away in the accident while working in kolcata. They in fact moved to that place two years from chennai. Their only who completed up to 10 th std chennai got Higher Secondary completed in Mumbai. she is not having ration card. She has also no other source of income at present. For Her proof of residence she is presnetly having two wheeler licence and gas reg in her name. she lives with her son and mother in law. in the circumstances kindly let me know what are the documents required to get the legal heir certificate in short time. The Flat is in the name her late husband.

                  Your advice will have immense help in getting the legal heir certificate and solve some problem.

with regards

Muralidharan p S

B Roy (sr mgr)     26 May 2013

The buider is not responding to the letters and not ready to give compensation for delay in possession.Only orally changing date of possession .How the builder can be brought to the rule .Can consumer Court option be tried after getting the possession ?

Thank you 

Roy


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