Ownership of the property
Gul Thadani
(Querist) 16 February 2010
This query is : Resolved
Dear Mr Vadrali,
I want your help after reading all your solutions.
I am jobless and looking for job i am survived by my mother one of my elder sister she is not normal and my wife and my 2yrs 8month old son. Some how i am manging
My problem is where i am staying currently is my grandmothers house. she expired and left a will stating 4 equal shares for there children.
1.Ms Ganga Thadani
2.Mr Lokumal Thadani
3.Ms Dhami Thadani
4.Mr Rajkumar Thadani
now Mr Lokumal Thadani didn't stay with her mother and left the family from the time her mother was alive.
The will says he has a right for 1/4 share but they can sort it out by paying him the money from the dispute of there MAMA my grandmothers brothers property.
So now my uncle is the nominee and he is creating problems and i cannot get it change.
B K Raghavendra Rao
(Expert) 16 February 2010
The property of the testator shall be distributed in accordance with the wishes of the testator contained in her will. As per the will, no property is allotted to you and therefore you would not get any share whatever be your financial and social status be. However, if you are an off-shoot of one of the four children mentioned by you, you would be pro-rata share only after the death of the parent.
adv. rajeev ( rajoo )
(Expert) 17 February 2010
B.K.R has rightly answered your question, I agree with him.
your uncle is nominee for what.
Nominee has no right and he cannot claim anything, his duty is to only distribute the properties or other things amongst the legal heirs of the deceased, moreover in your case there is a will.
Your uncle is creating a problem so on the basis of the will the beneficaries will have to file a suit for declaration of their tittle over the properties what they have got thru., the will and injunction on the basis of the will against your uncle. You cannot do anything.
Raj Kumar Makkad
(Expert) 17 February 2010
Your uncle is one of the beneficiaries of the will so he cannot be discarded merely on your whims and wishes and he has got equal share with rest of the 3 beneficiaries and as per will his share can be sorted out from the benefits/share to be received from the property of MAMA so try for that if you want him to be out from this property wherein you are living.
