Regarding a property
Querist :
Anonymous
(Querist) 28 December 2020
This query is : Resolved
Hi,
My grandfather gave a property to my father through registered will 10 years back. It has been under my father's possession since then. My grand father passed away 9 years back. My grand father has 3 sons.
Can my father's siblings challenge that registered will now after this many years and ask share in the property ?.
Isaac Gabriel
(Expert) 28 December 2020
Insufficient information. Who are the legal heirs to your grandfatger.?
Querist :
Anonymous
(Querist) 28 December 2020
My grand father has 3 sons.
Advocate Bhartesh goyal
(Expert) 28 December 2020
If the property was self acquired property of your grand father then he had every right to transfer, sale,gift or bequeath by will to anyone and if property was ancestral then your father's siblings have right to claim their share.
kavksatyanarayana
(Expert) 28 December 2020
If the property is your grandfather's self-acquired property, he can bequeath it as he wishes. But it is an ancestral property, then your father's siblings also have equal rights with your father and they can file a partition suit.
SHIRISH PAWAR, 7738990900
(Expert) 29 December 2020
Hello,
Yes, your grandfather is competent to execute a will for his self-acquired property. In the case of ancestral property, your father and his siblings will have an equal share in the property. However, your uncles have every right to challenge the will you will have to contest the case if any is filed. Further, you have a strong case against your uncles.
Rajendra K Goyal
(Expert) 29 December 2020
Any will can be challenged including the referred will.
Prove in the court that the claim of the siblings of your father as not maintainable / acceptable.
Dr J C Vashista
(Expert) 30 December 2020
Where is the property located for forming proper opinion and oblige ?
When other siblings came to know qua will executed by deceased ?
Why the objector(s)/ claimants did not challange it soon after death of testator ?
Dr J C Vashista
(Expert) 30 December 2020
Why did you post this question as "Anonymous" author ?
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Rajendra K Goyal
(Expert) 31 December 2020
Information sought by expert Dr. J.C. Vashishta are important for any further advice.
P. Venu
(Expert) 31 December 2020
Consequent to your father's death, the property is already vested with your father. Get the property mutated in the revenue records, if not already done.
