Property dispute
Shobana Rammohan
(Querist) 27 January 2014
This query is : Resolved
Hi
I write this to seek genuine help from great lawyers as you. I am a normal citizen with not much knowledge on property rights. I never thought this would happen in a close knit family as mine, so here goes the problem....
My paternal grandfather (late) has got a huge property including chunks of land and a house. He has one wife, one daughter and two sons. My father is the eldest of the sons and he passed away 5 yrs ago. He had married his sister's daughter. My grandfather has totally eight grand children (daughter - two girls, two boys.//// elder son - one son (X), one daughter.//// youngest son - one daughter, one son (Y)).
Before my grandfather died, he wrote a will that the property belongs to his grand children X and Y (equally divided)and the guardian will be his daughter's eldest son, until the two (X and Y)become major. We are unsure of whether the will is registered or not.
About 7 years ago my grandfather's youngest son (my uncle) got a registered document signed by my father, his sister and his mother, saying that one part of the property (a huge chunk of land that can be harvested throughout the year coz of three pumps) is his and the others have no objection. This was done on mutual trust that he will not deprive his brother's son when there is real partition of property between X and Y.
But now he refuses to let go of that land. The land's value is high compared to the other lands. He has literally betrayed my father. My father is no more. We need equal partition of all the property. My ammachi ie my grandfather's daughter is on our side. My questions are as follows
1. Can my Mama (mother's brother) file a case if the Will is registered, as he is the guardian. If the Will is not registered what can be done.
2. Can my brother, I, my mother and Ammachi file a case together demanding property rights.
3. Is what my uncle done legal, as the legal heirs are X and Y. Can something be done to reverse the registered document?
Kindly advice on the step by step procedure. If u have questions kindly clarify with me. Expecting a soon reply.
Thanks
Shobana
T. Kalaiselvan, Advocate
(Expert) 28 January 2014
The will executed by your grandfather and was duly witnessed is legally valid whether it is registered or not. If X and Y are majors by age now, they can probate the will through court of law and can take separate possession of the properties by duly partitioning the same. Thus, in the self acquired property of your grandfather, no body else have any right or interest or share in the said properties except X and Y.
Advocate. Arunagiri
(Expert) 28 January 2014
Whether the WILL property is ancestor or self acquired by the grand father?
Based on this I can give my opinion.
Biswanath Roy
(Expert) 28 January 2014
The ownership of the property shall be determined as per Will of the Grand father. The EXECUTOR OR EXECUTORS of the will shall obtain probate from the court and distribute the property to the beneficiaries. When the beneficiaries were minors nobody can enter into a family settlement to enjoy the benefits of the properties, This is entirely illegal and non-operative. Hence, the Deed of Settlement made by your Uncle is a TRASH and has no legal value Besides, your uncle is liable for civil and criminal liabilities if any interested person other than beneficiaries file a case against him.
Shobana Rammohan
(Querist) 29 January 2014
Thank you all for your valuable replies.
To Advocate Arunagiri Sir.... Sir about 6 decades ago, may be in the 1950's the ancestral property was divided among 5 brothers, my grandfather was one of them. Using this my grandfather earned few more lands, so it includes both ancestral property and self acquired. Land laws at that period would be different from today's, I guess.
Guest
(Expert) 29 January 2014
Mr.Respected Mr.Arunagiri my Respected Expert what about your own case which is available on website what is the result please so that i could recommend many of my clients to you as a great lawyer
Guest
(Expert) 29 January 2014
Hope LCI Experts Column is not for depressed to act as Experts
