Chandra B (S/w progessional) 06 May 2009
Hi,
My grandfather had his own house.While preparing the will, my father wanted my grandfather to prepare the will in his son's name due to tax contraints.Hence the property is presently in my brothers name.
Can i claim my grandfather's property which is currently on my brother's name.
Swami Sadashiva Brahmendra Sar (Nil) 06 May 2009
No sir . you can not claim in a property which your brother has got by a will.
n.k.sarin (advocate) 06 May 2009
Mr.Chandra, your query is incomplete.Tell whether the said will is a registered one or not,whether you have any proof that the said will is a arrangement for tax saving or not .When will was made what was the age of your grandfather at that time and the date of death of your grand father. What about your father? you have not mentioned.How and when the said property mutated in your brother's name.whether the probate of the said property obtained by your brother from the court or not.whether you have given any no objection to your brother in written.
A W K Mecci (Advocate) 07 May 2009
Hello Friend,
If your grand father had acquired the property out of his earning and that was his absolute property, he has the right to dispose it of in a manner he likes. Then you have no rights if he has willed it to your brother. I think obtaining probate from a Court is not necessary in this case for the will to be effective.
But, as opined by Mr Sarin, the validity of your grand father's will is always open for contest. If you think you can establish before a court of law that the will was only result of tax adjustment arrangement within the family, or your grand father was not maintaining reasonable mental faculties at the time of execution of will, or is not registered one, etc., etc.,, I think you have a good case of partition suit.
Good Luck
A W K Mecci, Bangalore.
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