Will deed

Hello Surjeet!

With respect to the land sold by your grandfather and your uncle illegally which was in your fathers name, why your father did not took any legal action? Further, with respect to the will your father needs to challenge its validity before the court so as to bring dispute in the execution of the will.

 

With regards to the trust? what is the obective of the trust setup by your gradfather? Who are the beneficiaries of thr trust? need information it to give your proper advice.

Regards

Adv. Rohit Dalmia

 

 

Please think practicability of getting guidance through online forums in case of a very complicated issue that depends on issues of facts and law and study of several documents.  Contact a local advocate for your father and let your father file a partition suit after issuing notice to your uncle and other co-sharers.   The presumption is that a joint family is always joint till severance and partition is proved and every co parcenor has equal rights in properties whether he participates in the business or not if only the nucleus is ancestral or efforts of joint family.

Your father should get the sale transaction cancelled by competent Court of jurisdiction with consequential relief of possession.

The trust created by your grandfather included ancestral properties or out of his self-acquired ?

You/ your father should challange probate of will executed by your grandfather in favour of your uncle. 

The property was sold, and a case was also filed by my father, both side of the lawyers were active till three year later the court it self dismissed the case, as there was no regular activity. and it's been very long,almost15 years, my dad thought of taking the land which belongs to my grandfather, and in my father's position since almost 35years. the land was bought jointly in the name of my grandfather, dad, and uncle, uncle sold his part, ours and grandfather land is in our position, my dad's plot is registered, and where as,my grandfather wanted to sell his land, my father objected and filed a case, the case was running, and mean while my grandfather thought it will not end so soon and decided to make a trust with his part of savings and made younger son as trustee, and made a will that his part of land would be trust land,and he passed away, it's not ansistor property. In the name of the trust my uncle wanted to acquire the property. though he is not maintaing any records of money uitilised from the trust, once money is gone it gone.

The facts, as posted lack clarity. Please post simple facts.

my father did not get his share from the family business, and which was sold out without my father's knowledge by my grandfather and my uncle, my father filed a case, but after few years it was dismissed and closed by the court, as both side lawyers did not show any interest in the case. now it's been almost 15 years this all happened.

Now the thing is we have a residential land too on the name of my grandfather, my father, and my uncle, my uncle has sold his part of the land, and my grandfather also wanted to it his part, but could not sell his land as my father had filed a case against him for both the properties,(Business and land so that he can get his share at least from the land which is left), and my grandfather was alive at that time. meanwhile, my grandfather felt he could not sell it right now, and he made a will deed and a Trust and the trustee is my uncle (father's younger brother). and executed the will that, the land of his part should be given to the trust. and he passed away.

what my father had thought that his father had not given his share in the business, and for that he did not let him sell his part of the land, but the old man wisely made a will and passed away.

my father is in the position of that land for 35 years, and my uncle needs back that land as per the will deed. but my father says to give him his part of the share of the business which was sold without his knowledge and can take the land. as my uncle does not want to talk about it, but any how to want to take this land.

What can be done to get back my dad's share, shall we leave my grandfathers land as per his will, or can legally once again proceed,

The partition is not yet done between dad and his brother, My grandfather and uncle had sold everything and only this land is left.

please let me know what can be done. am not used to writing, but tried to explain the situation. if still, it's not clear to understand, I will try it again.

Thanks and Regards
Sardar Surjeet Singh

1. When a competent court has dismissed the suit 15 years back, now you demand a share in the property?

2. What is wrong in donating his share of a property to a Trust?

3. Was there any bar/illegality in writing a will by an old man bequeathing his share to someone.?

4.When there is a dispute in between brothers, why they remain silent asking someone to post the same in an open forum and never approach to court for a remedy, and even when they filed suits, why they neglect them and do not consult the issues with those advocates that received fees.

5. To claim ownership rights 'Declaration suit" is the only way praying for cancellation of that will.

6. There is a limitation period for every transaction..  On what basis joint properties were sold by other co-sharers, what about is pendency and document recitals and reasons for remaining silent by other co-sharer?

 

The solutions for the above issue are with local advocates who can explain to you in clear terms that you can understand in your language with such law.

"my father did not get his share from the family business, and which was sold out without my father's knowledge by my grandfather and my uncle, my father filed a case, but after few years it was dismissed and closed by the court, as both side lawyers did not show any interest in the case. now it's been almost 15 years this all happened."

The facts posted suggest that this is a more or less closed issue, irrespective of the merits of the your father's rights/claims, as the suit filed by your father had been dismissed for default, may be, because of inaction on the part of the lawyer. After 15 year, it is too late to try to reinstate the case and to get the issue decided on merits.

"Now the thing is we have a residential land too on the name of my grandfather, my father, and my uncle, my uncle has sold his part of the land, and my grandfather also wanted to it his part, but could not sell his land as my father had filed a case against him for both the properties,(Business and land so that he can get his share at least from the land which is left), and my grandfather was alive at that time. meanwhile, my grandfather felt he could not sell it right now, and he made a will deed and a Trust and the trustee is my uncle (father's younger brother). and executed the will that, the land of his part should be given to the trust. and he passed away."

The above part of the posting contains many an irrelevant and dead aspect.

Is it not the properties held separately? Then, how is it relevant  that the uncle sold his property?

Again, the case, your father had filed, was dismissed for default on his part? If so, how this aspect is relevant in the issue you trying to raise?

The simple fact is that your grandfather had made a Will bequeathing his property to a Trust with your uncle as the Trustee and since then, your grandfather had expired and thus the property is with the Trust. Is this not the simple fact?

"what my father had thought that his father had not given his share in the business, and for that he did not let him sell his part of the land, but the old man wisely made a will and passed away."

This is mere hearsay of a subjective opinion. Such irrelevant aspects only make your posting complicated and difficult for anyone to offer any meaningful suggestipon.

"my father is in the position of that land for 35 years, and my uncle needs back that land as per the will deed. but my father says to give him his part of the share of the business which was sold without his knowledge and can take the land. as my uncle does not want to talk about it, but any how to want to take this land."

Which land - the land held by the grandfather which he had beqeathed to the Trust, with the Uncle as the Trustee?  Where is the question of anything wrong in uncle, as the Trustee, needing or attempting to  take the land?  

"What can be done to get back my dad's share, shall we leave my grandfathers land as per his will, or can legally once again proceed"

Your father is bound to honour his father's Will. There is no option for your father to avoid the Will unless, of course, it is invalid or improperly executed.

"The partition is not yet done between dad and his brother, My grandfather and uncle had sold everything and only this land is left."

Where is the question of partition when your granfather had not left any property intestate?