Trouble with fathers property.
MouDey
(Querist) 16 May 2012
This query is : Resolved
Respected Sir,
I am Smriti Dey from howrah,westbengal.my father had 12 kata property in howrah.My father get the property from his father.The whole land owner is my grand fathers name.we are 2 brothers and 1 sister.after my fathers death when i went to my brothers for sharing the fathers property,they replied that their father went to the court and registered the whole property with their name.my husband is not sound economocally.i have one unmarried daughter and i have no money for her marriage.I am now in deep trouble.waiting for your legal advice.
Thanking you.
Smriti Dey
ajay sethi
(Expert) 16 May 2012
contact a local lawyer . need to see papers wherein your father regd property in name of your brothers .
if it is ancestral property then you have share in said land . but the issue would be whether it was your grand father self acquired property which on his death devolved on your father .
you will have to spend money on legal fees court fees, etc .
Anirudh
(Expert) 16 May 2012
Dear Smriti,
You have to give the following additional information to enable us to give you appropriate reply.
1. Whether the property was purchased by your Grand father or he also received the property from his father?
2. When did your grand father die?
3. When did your father die?
V R SHROFF
(Expert) 16 May 2012
Agreed with Ajay 's opinion
MouDey
(Querist) 16 May 2012
thank all of you for your important information.Now my question is how can i came to know that who is present owner of the property and from where i can get the relevant documents?
Thanking you,
Smriti Dey.
Shonee Kapoor
(Expert) 18 May 2012
You can go and search for these documents in revenue records.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
MouDey
(Querist) 18 May 2012
Thank you Mr. Anirudh for your opinion.My Grand father also received the property from his father.
My Grand father had died in April 1981.
My father had died 20th January,2009.
Looking for your valuable suggestion.
Thanking you,
Smriti Dey.
Anirudh
(Expert) 18 May 2012
When did your grand father's father (Great Grand Father) die?
Whether the property was purchased by your Great Grand father (i.e. grand father's father) or he also received the property from his father?
MouDey
(Querist) 18 May 2012
Thank you Mr. Anirudh.I dont know grand father's father (Great Grand Father) death.But suggest me where i can get these information?waiting for your reply.
thanking you.
Anirudh
(Expert) 18 May 2012
You have to ask from your own relatives.
MouDey
(Querist) 22 May 2012
Mr. Anirudh i have question for you.I went to my elder brother for a zerox copy of the will which was made with my father and his sons.But my elder brother refused me of showing it.I can not understand why he refused me of showing the will?How can i want to know that the present owner of the land or about the will which was made between my father and his sons?
Thanking you,
Smriti Dey.
Anirudh
(Expert) 22 May 2012
If you are sure that the property is 'ancestral', then go and file a case for partition demanding your share in the property.
Then your brother(s) will come forward with the WILL. Thereafter if you still feel that the will was a forged one or obtained by fraud etc., you can challenge the validity of the will.
Anirudh
(Expert) 22 May 2012
BEfore filing a suit, you can in fact send a legal notice demanding your share in the property.
For this notice also, your brother(s) can take the stand that there was a WILL.
Then you can ask through legal notice, afor a copy of the will.
MouDey
(Querist) 22 May 2012
Thank you Mr.Anirudh.
I have also searched the property through District Registration Office.Their report says that the owner of the land is still My Grand Fathers Name.So if my father made the will, then why my brothers name is no present in the searching report?I have asked this question to my brother also but he replied that they have to clear the tax of the land ,after that the property should be with their names.I dont beleive them.waiting for your reply.
Thanking you,
Smriti Dey.
MouDey
(Querist) 28 May 2012
Mr. Anirudh i have few question to you.I went to my elder brother previous day for the will.He told me that his friend Mr. X Probhet the all property from my father and show me all paper.I saw that the Probhet disposed on 20/09/2012.I had no idea about this.What can i do legally now.Waiting for your valuable suggession.
Thanking you.
Smriti Dey.
MouDey
(Querist) 28 May 2012
Sorry there was a mistake.the Probhet was disposed on 20/09/2011.
Thanking you.
Smriti Dey.
MouDey
(Querist) 28 May 2012
Ancestral property can anyone took probhet?
Thanking you.
Smriti Dey.
MouDey
(Querist) 28 May 2012
waitnig for your valuable advice.
Thanking you.
Smriti Dey.
Anirudh
(Expert) 28 May 2012
Probate of the Will could not have been done by the Court without serving a notice on all the interested parties.
Please apply for a certified copies of the probate case - right from the probate application to the final order and also all the documents in that case. Then you will come to know the real facts and informations to proceed further.
