Grandfather will
sohan singh yadav
(Querist) 10 December 2013
This query is : Resolved
Dear Sir/Maam, my grandfather made a will in 2012 after my grandmothers death in 2011 my grand mother owned a home in Andhra pradesh 300sqr ( she didnt made a will )& grandfather had 1 killa 1 home in village in my G fathers will he gave us farm 1 killa home in village & gave residential property in andhra pradesh to my uncle ( in 2008 ) he earned rent 30000 month from it while we made 12000 in a year from farm ( sharing basis with tenant farmer )my uncle & residents of village colony & relatives had knowledge about the will & today after my grandfather died in 2013 we discovered he had ther property in his pet name which he was known in village but the record is in other name he was a Govt employee ( A.O.C ) NB Subedar indian army retired in 1979
my Grandfather was alone after the death of my grandmother so we brothers ( 2 sons of elder son of my grandfather ) got married so our wifes could take care of him he had surgery in base hospital delhi cant no one came except we brothers & our wifes to take care & look after him in his end days even he lived with us no relative even my uncle came to attend / look / bear his daily expenses . in his will it says we are eligible for movable & non movable assets i fear my uncle wishes to take over property in village he dosent work any where his income is only rent from my grandmothers home in andhra
my G parents chilldren are 2 sons 2 daughters & we are our fathers( elder than my uncle ) 2 sons
plz sugest can it be chalenged & whos favour it will be
T. Kalaiselvan, Advocate
(Expert) 11 December 2013
If you are afraid that your uncle will take away the property bequethed to you, best option is to take possession of the property that has been favored in your names by probating the Will through court of law; As far as the property which is open and intestate, you all join together and decide about partitioning it amicably or you may file a partition suit against your uncle.
R.V.RAO
(Expert) 19 March 2014
it appears your grand father made a will of his self acquired property of movables and immovables in your name. this wa stated in his will.
first you probate the will,where you will be declared as legal owner of movables and immovables of your grand father.get that immovable property mutated in your name.
then comes your grand mother's intestate property, which all her class 1 legal heirs will share equally.
as far as your grandfather's property in alias name , you need to show proof of his other real name and get records changed in village records,tahsildar office.
ajay sethi
(Expert) 19 March 2014
agree with experts . apply for probate of will
