Interesting question
vivaasvann
(Querist) 09 November 2013
This query is : Resolved
My Grandmother purchased a property in 1950 in name of my mother who was 8 years at that time. My Grandmother purchased it using funds set aside for my mother. My grandmother in 1972 executed a will in which she distributed the very same property to others and excluded my mother saying that my mother did not prove to be a responsible daughter. Today - Can my mother challange my grandmothers WILL saying that , by 1972 my mother was Major and owner of that property and today my mother is the actual owner of the property. please help
ajay sethi
(Expert) 09 November 2013
has probate of will been obtained . ? you could have challenged the provisions of will .
if property i s purchased in name of mother your mother is owner of said property .
Adv Archana Deshmukh
(Expert) 09 November 2013
Your mother can challange that will. Your grandmother had no right to transfer the said property to anybody by making a will. The property belongs to your mother only.
vivaasvann
(Querist) 09 November 2013
From bottom of my heart, i thank each and every one who answered my query.
Best regards.
Vivasvan
Sudhir Kumar, Advocate
(Expert) 09 November 2013
agreed with experts above.
your mother being major in 1972 is of no consequence what matters is that she was the owner.
vivaasvann
(Querist) 09 November 2013
Reply to Sudhir Kumar. Sir, this may not be very interesting to you as you may come across this type of cases. For me it is very interesting because I now will be in a position to turn the game on people who enjoyed this property for 24 years now. My Grandmother executed the Will, and made sure that nobody had any clue about the time when this property was purchased. Normally in the Will people do mention when the property was purchased and registration number etc etc. None in almost 100 member family know, even relatives, Family friends etc. The sale deed was destroyed (I am guessing). So that nobody ever would know the Date of purchase. She died in 1979 and wanted to bury this info. I tried for this info 20 years back as well. Since 2010 it took me 3 years of constant effort to gather clues. In this process I might have interviewed 50 people. I traced the papers and the sale deed. Trust me I myself personally checked the books in Sub registrar office. In this office the documents are kept confidential. All docs are in custody of Sub registrar. I got recommendation from Dy Inspector general and I was allowed to check the books. The staff was not helpful at all. I had to pay money at every step. I am an IT professional. I have quit my job and took this as a full time work. Again the issue was all books were in Urdu and I don’t know Urdu. I was turning 1000 s of pages, but really don’t understand what was written. The only thing I was searching was for house number. Some times the number is also written in Urdu. Luckily for ours the numbers were in numbers. Finally you guys confirmed that I am a Corerpati. Thanks
R.K Nanda
(Expert) 10 November 2013
nothing more to add.
