Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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aarti (housewife)     12 August 2012

Property dispute

Need advice on the succession and inheritance laws. We have a joint property in Nagpur. A portion of which is renovated by my father and maintained there upon where my mother lives today. My father expired 4 years back after prolonged sickness. Now after demise of my father the WILL prepared by my grandfather says that since our son is no longer alive, we will not give any share of the house and agricultural land to my mother and is only distributed between other 3 brothers and 2 sisters . We also have a doubt that we will be asked to leave our residence where we have stayed for years together and taken care of that portion of property.


Request your help to advise us on this issue.


Learning

 2 Replies

kvss.prabhakar rao (Advocate )     12 August 2012

You may challenge the will. first ascertian the property which described in will executed by your beloved grand father. if it is ancestral property your grand father has no rght to execute will. Or otherwise you have another orpotion  challenge the validity of will in court


(Guest)

You have not mentioned whether the property is ancestral or self- acquired of your grandfather. If the property is ancestral in character, the will is valid only to the extent of your grandfather's own share in it. You can, therefore, challenge the will if your grandfather has willed beyond his own share. However, if the property is his self acquired property he is at liberty to bequeath it in anyone's favour.

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