LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Choodamani Das (asdfg)     05 November 2014

Regarding Grandfather's Will

My great grandfather (father of my grandfather) have a personal property which we term as Ancestral Property since he is no more. He got three sons and he died without leaving any will.

My grandfather (the first son) and second son of my great grandfather are no more. Third son of my great grandfather is still alive.

My grandfather have a Personal Property which he bought himself.

My grandfather have four sons and two daughters. I am the son of Second son of my grandfather and

First Grandson since first son of my grandfather that is my elder father have two daughters only.

My grandfather left a registered will in which all his property he gave to his fourth son.

At present our ancestral property is on my great Grandfather's name only and its name have not been transferred to any of his sons(i.e my grandfather's ; all the three of them in which two are dead and one alive). Neither the ancestral property is divided in paper or through any terms. it is still in my Great Grandfathers Name.

In My grandfather's will my name(the first grandson) is only mentioned regarding a property which was given to my grandmother by her father, (not on the name of my grandfather) which should  be given to me according to the will.

So do you experts think i could challenge my grandfather's will and get my share in Ancestral as well as My grandfathers Personal Property?????

My father is still Alive and my age was 14 when my grandfather died and my age was 15 after one year when the will of my late grandfather was opened after one year.

My Present Age is 30.



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     06 November 2014

If your grandfather bequeathed property to you through a Will, upon his death the Will shall be operative, you can claim that property, if need be, the Will may be probated by the order granted by the court as per law.  In your great grandfather's intestate property, you can claim a share out of your father's share in the property as a coparcener.

1 Like

Choodamani Das (asdfg)     06 November 2014

Respected   "T. Kalaiselvan," Sir,

The property bequeathed to me according to my grandfather's will belongs to my grandmother(her father gave it to her) and

second the property is very small and tiny in comparison to the grandfather's personal property which is completely and solely given to fourth son of my grandfather i.e is my uncle. MY grandfather didn't gave anything to other three sons and two daughters anything.

what shall i do in that case,

Can i ask for my share being the First Grandson  in my grandfather's personal property which was solely and completely given to his fourth son?????????

(Since only my name is only mentioned in will and a very tiny part which belonged to my grandmother was given to me according to the will, everything that belonged to my grandfather is given to fourth son)

Could i ask for my share and challenge the will saying my grandfather didn't gave me anything froim his property and gave my grandmother's "TINY" Part only???????????


Kindly reply!!!! Thanks!!!!

T. Kalaiselvan, Advocate (Advocate)     06 November 2014

First of all your grandfather cannot bequeath yur grandmother's property to you without any manner of right or title over it.  Second thing, he ha full rights to dispose his self acquired property to any one of his choice including bequeathing the properties to a charitable trust.  If his own legal heirs, i.e., the other sons and daughters do  not have any right over it, you being the third generation person, imagine your status.  Do not fall prey to false promises made by some money greedy legal advisers, your claim will not sustain and ultimately you will lose the case if at all you wish to file one.

1 Like

Choodamani Das (asdfg)     06 November 2014

Respected   "T. Kalaiselvan," Sir,

The Uncle's Name on whom My Grandfather left everything is still not amended/registered on the property and my Grandfather died in 1998, and still today a court case is running on court after his will opened in 1999. He is still asking to all 3 brother's for a SIGNATURE on some paper.

The court case has been put on court by my uncle regarding all property should be amended/registered to his name after my grandfather death after will got opened. All my grandfather's legal heirs have received a paper to sign in which the sister's have signed everything but 3 brother's haven't signed. Two brother's haven't appeared on court since 14 years after 1999 and My father appeared on court and is fighting the case since My father is saying he still lives on the town property of my grandfather since birth where we are still living today and court case is going on.

Village property is again comprising of my Grandfather's personal property and Great grandfather's ancestral property also.

the court has not ordered anything yet till now. What is my future prospect in this case?

Can my uncle can get all the property registered on his name even without anybody's signature ?What could court finally say possibly in this case when my father is staying on the property for last 50 years.

Thanks!

Advocate Ravinder (Advocate/Attorney)     06 November 2014

The registered will executed by your grand father will prevail.  Anyhow, the geneographical chart is very big in your case, it is better to contact me giving the facts in detail.  The property matters are very complicated which cannot be explained in few lines or paragraphs.  Hence, you can contact me ravinder2345@gmail.com or 7893011777 with full facts.

T. Kalaiselvan, Advocate (Advocate)     07 November 2014

You have been properly advised about the probabilities and the possibilities.  You appear reluctant to understand what is opined, hence it is better you cling to your own advocate for his opinion and further advise on the subject because he handles the case by knowing the facts through the documents and other realities. Clarify all other details from him/her.

1 Like

Choodamani Das (asdfg)     08 November 2014

Thanks for your Support Sir

T. Kalaiselvan, Advocate (Advocate)     09 November 2014

You are welcome for your appreciations.  At  the same time, you may make sure that your uncle is not playing fraud with the support of a fake or fabricated Will to swindle or swipe off the entire property illegally depriving the legitimate rights of your father and others.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register