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manu (manager)     20 June 2012

What to do once my father passes away

hello ..my father is very sick and is a possibility that he passes away. i have a joint property with my 2 uncles and my father and its written in the will that by my grandmother that property would be given to 3 grand sons.

my father gave my uncles the money and its mututallyunderstood the property goes to me. i have proof of money on a stamp deed and checks paid to them as the proof.

now what am i suppose to do once he passses away . my questions are

1. i dont want my uncles/cousins to bother me

2, i have 2 sisters ...do they have any share. my father is alive and has told me that the property is yours and no sister is concerned. what shud i do to be on a safer side. i dont want them to bother me.

3. i am also seperated and would be filing for divorce...i dont want my x -wife and her parents to bother me.

4. also right now my 3rd uncle has filed a forged case in high court demanding his share by producing fake will.

we have won the case in tis hizari and is pending in high court . our lawyer says dont worry. we wud win as his will is fake.

what all steps shud i take to save my house from all these people. please help . i dont mind if my mother puts her name in the property as she has full right and i dont want anyone to bother me or my mother.

how would divorce affect it . as this is my ancestral property and she cannot demand any thing from this.

please help

thanks



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 2 Replies

Hemang (Advocate)     20 June 2012

First of all, your father has no right whatsoever to make a will for the property that is not self-acquired. As said, the property is ancestral property, and therefore, all the co-parceners have their right to share the property. According to me, you haave no case, if it is really a property belonging to Hindu Undivided Family. There is a clear distinction between self acquired and ancestral property. 


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