Property dispute

RajeshKumar (Querist) 26 September 2012 This query is : Resolved
Dear Sir,

Dear Sir,

My grandfather expired in 1970. He was having 2 sons and 3 daughters. At the time of his death he has made a registered will for the wealth and assets he has earned during his life time.

He had mention that after his death all the poperty will be transferred to his sons and the daughters were excluded from his property.

However after his death the daughters has included theri name on the property card.

Now the daughers are asking for the share in the said property.

Now the situation is such that both the sons are dead and the daughters are fighting for the share with the grand sons.

Whether they have legal standng for the daughters ?

Regards,
Rajesh

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Guest (Expert) 27 September 2012
Inclusion of name on the property card will not alter the will. The will made by your grandfather will operate with full vigour. The share bequeathed to the sons will devolve on the grandsons. Defend the case strongly, daughters have no share..

Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

M V Gupta (Expert) 27 September 2012
If the property is self acquired and there is no ancestral property, the will prevails and the daughters have no rights. You should apply to the Collector for correction of the property records and also apply for correction in the municipal records at the earliest.

Rajeev Kumar (Expert) 27 September 2012
Inclusion of name in the property card can't alter the validity of will. In this case the will only prevail. The self acquired property bequeathed to son by will only devolve to grandsons. So fight your case strongly with detail.

prabhakar singh (Expert) 29 September 2012
you have not stated what and where the fight is going on.

proceed for correction of record on the basis of registered will.

Where are you located?In presidency towns you need probate/or letter of administration with
regard to will.

RajeshKumar (Querist) 05 October 2012
Respected sir,

Thanks for yoriu reply.

We ahve applied for an probet in high court - mumbai.

Under the above circumstances how much time High court could take for grainding the probet to us.

Regards,
Rajesh

M V Gupta (Expert) 05 October 2012
Ur Advocate should be able to tell u. The requisite procedures such as issue of paper publication, furnishing of affidavits by the witnesses to the will etc have to be comkpleted. It all depends on the time awailable with the court. However it hsould be over within a period of 8 to 9 months.

Guest (Expert) 05 October 2012
Depends upon the importance and urgency of the case as compared to the other pre-listed cases.

RajeshKumar (Querist) 06 November 2012
Whether the sons and daughters of my aunts have the any legal standing in the property and whether they can also claim for the shares of their mothers shares in the said property.

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