INHERITANCE
Nirav Patel
(Querist) 13 November 2010
This query is : Resolved
My query is related to my mothers inheritance on her anscestral property. My Mothers mother apparently left a will stating that their property be left to my mothers brothers son.My mothers brothers son , after my mothers bothers death , has sold the property and has not given any proceeds to my mother. Now in such a case , can my mother file a case for her right to that property ? None of the family members have seen the will of my grandmother and nor is it registered anywhere - in suc a case - is the will valid ? kindly reply
s.subramanian
(Expert) 13 November 2010
Your mother can file a suit for partition claiming right over that property. If the will is produced in court,your mother can challenge the same on the grounds of fraud etc.The burden of proving the will as true and valid is upon the propounder of the will. i.e. your mother's brother's son.
Nirav Patel
(Querist) 13 November 2010
Thank you Mr Subramanium for the early reply. Taking it further , My mother has expired in 1986 , but i my sister and I have filed a case for the same . Is my ground strong enough for it ? can we file a case for my expired mothers rights (Inheritance) ?
Devajyoti Barman
(Expert) 13 November 2010
What of sort of suit have you filed? You have to file a suit for partition and for invalidation of the Will as well.
Kirti Kar Tripathi
(Expert) 14 November 2010
yes, you can file being the legal heirs of your mother. suit of partition as well as cancellation/invalidation of will.
Nirav Patel
(Querist) 16 May 2013
Dear sir
With referance to my quaery earlier , i had filed a case in the lower court against the builder and my cousin, who had fraudently sold the ansectral property claiming to be the only legal heir. In the case proceeded so far , the Will has not yet been proven and the handwriting expert has given a report that the signature in the so called will and the original signature of my grand mother does not match. , However, in the judgement given by the lower court , the court has not given any stay order to the builder and i am now confused , that if the builder and my cousin are at fault , why has the lower court not given us a stay order ? and should i go to high court on this issue ? Kindly advise as it has become very expensive to fight the case
V R SHROFF
(Expert) 16 May 2013
Must file APPEAL against the lower Court Order.
