inheritance property

Querist : Anonymous (Querist) 12 June 2010 This query is : Resolved
my case is :-

1)at the time of partition aur family came in india .our grand father was a saint this was ancestral property . our father and uncle at that time was minor (below 18 ) our grand mother got claims head of joint hindu family from the government . as a inheritance she was a head of family

our grand mother have 3 doughter and 4 sons

2)our uncles fabricated will in 1974 against us . our grand mother died in 1976 after her death our uncles got will registered in delhi 1977.

we are the petitner in this case

Q) CAN OUR GRAND MOTHER WILL BE OWNER OF THE SAID PROPERTY ? HINDU SEC ACT 1956 RULE 14 .
IF NOT PLS TELL US WHICH RULE MAY BE APPLIED ??

CAN SHE WRITE A WILL ?? AND WILLL IS NOT APPROVED

PLS HELP US

THANK U

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Devajyoti Barman (Expert) 12 June 2010
Your grand mother can not be the sole owner of the joint property and your father and uncles have got equal share with her.
Though she is entitled to devise her property through will-registered or unregistered, she can not deal with the share of other co -sharers like your father and uncle. If that is happened then you can now file a suit for revocation of probate of such will.

bhagwat patil (Expert) 14 June 2010
challenge thr will. first apply to revenue authrities with death certificate and succession certificate and get entered ur name in ROR.

Uma parameswaran (Expert) 14 June 2010
Grand mam have no right to execute the WILL.For what purpose the land alloted to the grand mother?

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