Grandfather will
Mayank
(Querist) 19 April 2016
This query is : Resolved
My grandfather was died in 1996. Recently (2015) my father and uncles had dispute about the property which my grandfather owned. Now we come to know that one of the prime property on my Grandfather’s name was transferred to one of my uncle’s name and when we contacted the court,we come to know that the property was transferred on one of my uncle’s name on the basis of Will. I have few questions now.
1) As none of my father’s brother & Sister is aware of my Grandfathers will after his death, Is the decision made by court without contacting other son’s & daughter is valid ?
2) In the will only one property out of 6-7, none has the correct description except the one which was transferred to my uncle’s name (means no address and no land mark identification), is it correct as per the Will law ?
3) The properties which are on my mother’s name and aunty’s name, which my father and uncle bought from his earning are also identified in will as my grandfather’s property for distribution ?
4) Their is no identification of any property with their current market values ?
On the above points, Is the will is acceptable as per Indian law ?
Devajyoti Barman
(Expert) 19 April 2016
1. Check whether the transfer was made on the basis of Probate or not. If yes then you can file suit for revocation of Will as no citation was made on the legal heirs like you.
2.Yes
3. No, your grandfather can not transfer property standing in the name of others even if his earning was used for purchasing the same.
4.This point is not clear to me.
Mayank
(Querist) 20 April 2016
Thanks for providing the response.
4) I was reading some material online regarding the Will content and it was mentioned that the will should have details of all properties (like address, location and its market value). however in our case only one property which is got transfered to my uncle's name has full description and none of property has any description at all.
