After fir what
deepika
(Querist) 20 August 2015
This query is : Resolved
We have a joint property in Jaipur which was on the name of my father and uncle. My father was a minor when the property was bought and grandfather was his guardian.after my father expired a will came into picture in which he gives the property to my older cousin ,but my mother can use it till she is alive.my uncle made a will and give our property to his younger son.now when my mother claimed she was thrown out of the house ,presently she is staying with me.we are three sisters and I am the oldest.when I lodged the FIR my cousin promised to vacate the property which he did but later broke our locks and presently he is staying there.my mother is 63 yrs old .what is the legality of this case and I need the best lawyer who can tackle this .pls reply
SAINATH DEVALLA
(Expert) 20 August 2015
So its ancestral property to UR father,by uncle U mean UR father's elder brother.
Will came into picture after the death of UR father,in which he gives the property to his brother's son.ok, But as his daughters where were U then?
deepika
(Querist) 20 August 2015
It was a joint family always . And me or mom were not aware of any will made by my father.my father never mentioned about any will inspire of mom always been with her .so this will seems to be false . Plus being from a traditional family mom cared about the pride of the family.untill she was thrown out of house she never said anything.
Rajendra K Goyal
(Expert) 20 August 2015
Consult local lawyer and show him all related documents including language of will.
deepika
(Querist) 20 August 2015
What should be the criteria to search for a good lawyer , as I do not have anybody known
SAINATH DEVALLA
(Expert) 20 August 2015
Enquire in UR place the best and efficient lawyer well experienced in property matters.
P. Venu
(Expert) 20 August 2015
Try to obtain a copy of the Will and challenge the same in a competent court.
Alternately, your mother can file a criminal case for encroaching her property.
Dr J C Vashista
(Expert) 22 August 2015
@Deepika,
Your grandfather had purchased the property in the name of your father (under guardianship)who executed a will in favour of his brother with liberty of your mother to use it, who in turn executed a will in favour of his younger son. Therefore, the property is still self acquired by all three in the chain and your mother may claim (as licencee) residence/usage during her life time, if your brother (cousin) allow.
Was the will remained un-probated throughout???
Consult a local lawyer with all documents.
deepika
(Querist) 24 August 2015
Thanks dr Vashista,
