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abcdefghij (Service)     22 May 2012

Property ownership and execution of the will

 

Respected All, I am based in Mumbai and have concerns regarding my husbnd's grandfathers will . my husband stands to inherit a property in Mumbai from his grandfather on the basis of a registered will. However, while his grandfather was alive, he shared several  bank accounts with his Grandfather who was the primary owner and all the money belonged to his granfather. After his death my husband took over the bank accoount & used the money for a business which was not friutful. As per the Will the amount was to be divided between his 3 sons. After which there were several proceedings in court where they demanded that the money to be got back in the account. There were a lot of fianacial problems at that time & my husband was not able to do so, additionally he used some bonds which were nominated in his name due to financial issues. The court after understanding the situation has passed an order stating that the property can be sold and the amount can be paid the uncles. After this order was passed my husband went ahead & got prospective buyers to come and buy the property, but the uncle  & his family living with us interefered & started misguiding the buyer. Basically he did not want to sell the property. After which he put in a petition in the court stating that the flat not to be sold as there is sentimenatl value attached to it. The court has dismissed his plea, also after the cititaion was served he had no say in the matter. We also moved to court for modification of the order as he was interveing in the sale, but the appointed judge said that we will need to go to the same judge for modification. My Advocate is in favour of settlement as going for a settlement could create more complications in the entire case.Now the matter is just stuck with no where to go. During any family arguements my husbands uncle threatens that he will send him to jail for fraud and will take over the property.

Recently we have decided for a mutual settlement, but his demands are very high which cant be met. 

Please advice 

1) if my husband can actually be prosecuted  

2) How difficult is it to get a modification 

3) what can the executor do in this case which is another uncle but does not live in the same residence

Please advice as these matters is taking a toll on our health menatlly & physically



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 1 Replies

singaravelu s (owner)     25 May 2012

my grandfather created a will  in 1991.the will has not been registered.He died in 1998.In this will, my grandfather gave some properties to my father. can my father sale these  properties without my knowledge?.Please give the details.thank u. singaravelu


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