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anand nair (Mr)     22 November 2013

Partition of grandfathers property

Hello Sirs,

My father recently passed away of an illness.

 

My father is 2 bros + 3 sisters.

 

Property is my grandfather's (in Kerala).

 

Father's 2 sisters took their shares at their marriage and went away.

 

As I know, grandfather distributed the property amongst everyone, but without the presence of my father and his brother. We lived in Punjab in the home built by my father and my chachu was then in army (so away).

 

After the 1st will by my grandpa, he died and the youngest sis of my father forced my grandmother to give her 4 more cents from my father's property. The will was redone and the sis got her extra 4 cents and laid a mini boundary wall. We were away in Punjab. We were never consulted. 

Papa was earlier given 12 cents by grandpa, out of which sis took 4 cents and we have 8 cents now. Father had laid the foundation 20 years ago, so we were able to protect this 8 cents. Otherwise, she would have taken away more property. Papa finally completed the house on this 8 cents property in 2009. This bua took away the 4 cents that was in front of our home (architecture plan). So now I had to fix the gate on the left side of the home. It looks all odd as we step out from our home and we are onto a property that was once ours but now it is bua's.

 

I want to ask if I can contest the 2nd will anyway. I have a photocopy of it. Bua has the original. My grandmother is a little off-balance in the mind and she is strongly influenced by this bua. 

 

Please guide. If I should contest the will or go for partition of the 8 cent land containing the home. 

 

Thanks in advance.

 

Anand



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 November 2013

If the self acquired property of your grandfather was bequethed by him in the manner mentioned in the Will and it came into force after his death any subsequent Will will not be legally valid.  You can challenge the so called second Will and claim your share as per the original Will as a legal heir to your father who had a share in the property as per the Will.

1 Like

anand nair (Mr)     22 November 2013

Thanks for your reply Sir.

 

Regards!

Anand


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