Urgent query
s s
(Querist) 30 November 2014
This query is : Resolved
hi my grandfather had proprieties which consisted of farm able land & separately house property which was in his name.He had 6 children(2 sons)& 2 wife .he had prepared his will in 1970 passing all his proprieties & belongings to his 2 sons also giving rights to his only surviving wife to enjoy the proprieties till her death.
My father was not in position of this will and had got a will from his mother which was made in 1993 giving him all the rights over the proprieties.basis this he had sold one of the farmland land for which sale agreement has been signed in the year 2000.Now when the purchaser had gone to get the land mutation done in his name he was not able to do the same as same has been showing in the name of 3 persons 1)my father 2)father's brother's daughters 3)one of my fathers sister.
Please advice 1) what is the provision of law as to the will ;whose will be considered right full(grandfather & grandmother)2)what is law as to the succession 3)does my father's sister has any rights over the land 4)how to come out of this as third party is involved may take my father to court.
Regards
Devajyoti Barman
(Expert) 30 November 2014
Meet a local lawyer and show him all papers. It requires intense discussion.
Rajendra K Goyal
(Expert) 01 December 2014
The property was in the name of GF who gave it to two sons. Grand Mother was having only using rights, how she bequeathed the property?
All the documents need to be deeply pursued, consult local lawyer.
P. Venu
(Expert) 01 December 2014
Ascertain from the village records the reasons for the existing mutations.
ajay sethi
(Expert) 01 December 2014
was probate obtained of will of your grand parents ? your grand mother had only right to enjoy property during her lifetime she could not bequeath said properties to your father under a will . sale made by your father as per his mother will was illegal
R.K Nanda
(Expert) 01 December 2014
consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 05 December 2014
If the property was self acquired property of your grandfather, he can very well bequeath the property to beneficiaries of his choice, no body can claim any right in it and as per that will, his wife was only a life time beneficiary and was not entitled to sell or transfer any share of the property on anyone's name, so her will may be considered as invalid. therefore selling of some portion of property by your father based on the will is invalid and not binding on the original title holders who were bequeathed with the properties by the grandfather. Rest of other issues have to be sorted out with the proper discussion and help of a local lawyer who will be able to ascertain the issues after perusing al the related documents.
