Will related litigation


Goodday sir, 

My aunty is 2 sis n  2 bro , there grandma was illtrate she was misguided and her bldg which her husband had develop on 1950's, after her husband expired she was not having any family suport for family  survival, she had one daughtergot married who was not taking care of her mother, so on early 60's she gave rights to trust so that this trust can collect rent from tenants and maintaining bldg,also to give monthly compensation to their grandma,and the trust made all relevent agreement and changed the name in property card, but trust didnot gave anything to grandma, so then grandma filed suit in court stating trust she had been fooled by trusties involved, and all document which she signed was not  explained to her which wasout of herknowledge,

later court gave order to trust that "to pay monthly compensation  to grandma and her room where she staying should be rent free, she died on early 70's

Now after somany yrs my aunty and her brother discovered that there grandma has made a final '"WILL" on late 60'sin favour of her grandchildren i.e my aunty and her brother

so how these bldg can be acquired by my aunty and her brother,as they are four grandchildren

how these trust name can be removed from propertycard of bldg,

and how can my aunty gets there rights on bldg 

 

 
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Lawyer

Who is the owner of that building currently?

 

The Trust had only right to collect rent, so if grandma was the recorded owner of that building then surely your aunty can get ownership of that building. and the trust will be liable to give them account of rent recovered, you will have to file civil suit. But the question of ownership is important.

 
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thks for prompt reply

currently trust has their name in property card and 7/12, and still trust is taking rent from tenants

will was made 44yrs before from now

 
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Originally posted by :subhan
"


thks for prompt reply

currently trust has their name in property card and 7/12, and still trust is taking rent from tenants

will was made 44yrs before from now

trust had put their name in govt record when grandma unknowingly gave her rights 

"
 
Reply   
 
Lawyer

In that situation you will have to check how the trust got ownership rights in that property, if the right to collect rent was only given, you will hav eto check these documents, if the trust is legally owner then your aunty will not get any right in that property based on that Will.

You should consult a local lawyer with all related documents, he can advise you better.

 
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will can be executed anytime whenever came to knowledge or lime light .consult local lawyer with documents

 
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we had filed a suit in court, what is the probablity that it is in our favour final order from court,

grandma was reported tobe mentally sick patient that time which she could not take any decision,

and trust has taken all document like saledeed and other relevent document from grandma before our final "WILL " made and they had transfer their name ,

one more asistance that ex-trusty who was involved inthis  deal is present but resign from trust

he is ready to support us  can this ll behelping our side to get our rights 

 
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