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Will disclosure.

(Querist) 04 May 2014 This query is : Resolved 
Respected Lawyers,

My grandmother had adopted my mother while she was around 5 years old from a distant relative. Before her death my father harassed my grandmother and made sure that the property be transferred to my mother's name which was done as per his wish. My relatives have told me that I also have a share of my ancestral property, Is this true?

I would like to tell you about my situation. I have one younger brother and we are the only two children to my parents. My brother is happily married with two daughters. I am divorced twice and married the third time, and I not financially stable. My husband is a heart patient he has undergone angio plasty. Since two years am demanding my share for which my parents have refused to do anything for me. They bought a house in Hyderabad under my sis-in laws name and have asked me to stay there as long as I want for which there is no gift deed, only an agreement for rent was made. My dad does not want to show the copy of the will which my grandmother has made. As per relatives they say she can enjoy the property but cannot sell. Off late I came to know that my parents have demolised the property and they are planning to take a Home Loan by making my brother as a co-applicant and build a house or commercial complex at the site. Is there I can do anything as of now? Please advice.

Regards
Kavitha Vallur
09505001339

ajay sethi (Expert) 04 May 2014
without going through your grand mother will we cant advise .

1) on one hand you have said property was transferred in your mother name during grand mother life .
2) on the other hand you mention that your mother had only life interest in said house .

3) further you have mentioned that said property is ancestral .

4) hence without going through various documents cited by you it is not possible to guide you
Kumar Doab (Expert) 04 May 2014
Mr. Sethi is right.

You may also clarify in which the grand mother was deceased and thus succession opened.

Assuming that you are yourself not clear and everything is hearsay, you may approach a local lawyer handling property cases and well versed with local customs and laws.

The things may become clear either in response to lawyer's legal notice or in relevant documents may be produced in court of law.
Rajendra K Goyal (Expert) 04 May 2014
Consult a local lawyer and show him all the documents.
Thyagarajan (Expert) 04 May 2014
I agree with Expert Mr. Rajendra K Goyal. There are many a questions from us you had to answer to get our opinion.
Sit with your local lawyer and answer his queries.
Devajyoti Barman (Expert) 05 May 2014
meet a local lawyer on the points advise above..
Raj Kumar Makkad (Expert) 05 May 2014
Unless the relevant documents pertaining to your dispute are not personally gone through, it shall be high risk to advise.
Kavitha Vallur (Querist) 06 May 2014
Respected Lawyers,

Thank you all for your suggestions. As per the above suggestions I spoke to my parents and requested a copy of the will, they are so adamant that they do not want to disclose nor show me the will made by my grandmother.

What should i do now?
Thyagarajan (Expert) 06 May 2014
Why you are preferring to take our advise instead of seeing a local lawyer? Now that your parents do not want you to have any say in the property you have to take legal course for which you had to process it through a local lawyer only not on the free advise from us.
ajay sethi (Expert) 06 May 2014
is will registered ? if so take search from sub registrar office
Kavitha Vallur (Querist) 07 May 2014
Respected Lawyers,

As per suggestions, I will go ahead and consult a local lawyer and also check in sub registrar office.

Thank you very much for your valuable suggestions.
Thyagarajan (Expert) 08 May 2014
You are most welcome.


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