Property of grandfather
Mahesh
(Querist) 12 October 2011
This query is : Resolved
This is in regards to the property of my Grandfather. He First made a will and made my Father the owner of the property after his death. But after 3 years my Uncle was jealous as the property got transfered to my father filled my Grandfathers ears and got a Second will executed in which the Property was name after my Uncle(my Fathers elder brother) Sons name. My grandfather expired last year. And my Father and Uncles Son both expired before my Grandfather. Now my Uncle is claiming the full property saying that the second will was made in my Sons name and so I have the right over the property.Please please advice me that how can we get the property and does my uncle has full right over the property. I would like to say that the said property is on rent from the past 15 years and we have been receiving the rent and also the municipal tax and everything is being paid by us. We are having the Bills and everything. Can we claim the property.
R.Ramachandran
(Expert) 12 October 2011
Dear Mr. Mahesh,
From the way in which you have stated the facts, unless the WILL in favour of your uncle's son contains a provision as to how the property will devolve in the event of your uncle's son pre-deceasing your grand father, the WILL has no value since your grand father survived longer than your uncle's son.
If there are no terms to take care of the pre-deceased state of yoru uncle's son, then your grand father has died intestate i.e. without leaving any WILL. Your uncle's claim is untenable.
Therefore, after his death, his property will go by way of inheritance equally amongst all his legal heirs.
Raj Kumar Makkad
(Expert) 12 October 2011
I do agree with Ramachandran. A person cannot make his will in favour of a deceased person and even if he had made this prior to the death of beneficiary and he died prior to testator then such will is meaningless and such situation shall be treated as no will.
Mahesh
(Querist) 13 October 2011
Dear Sirs,
Many Many thanks for the reply. I would like to quote that in the Will its written"I made up my mind to bequeath my said property in favour of my grand son ...."."It needs to be mentioned that previous to this will I made and published my Will in favour of my son(i.e my Father) which is hereby removed and cancelled". "I hereby leave,give,demise and bequeath absolutely and for ever to my grandson Sri ..... his heirs,executors,or administrators for his use and benefit absolutely and for ever my property comprising .....""I hereby appont my grandson Raj Agarwal as Executor of My WILL who will be entitled to obtain Probate without furnishing security"
Sir above are the wordings in the Will. Please help me out as my uncle has taken away all the property which was in Grandfathers name . This was the only property left with me and my mom and he is claiming this also. Please guide me. We have been looking after the property for last 15 years.
Mahesh
(Querist) 13 October 2011
And infact Sir in the First Will i.e the Will in the name of my Father my grandfather wrote "This is the Last Will and Testament of me(i.e my grandfather). I hereby revoke all forms of Wills and codicils and other testamentary dispositions by me at any time heretofore made and declared.This is to be my Will and it will take effect after my death.it is my wish and desire that after my death my son Sri....... shall be entitled to my property hereinafter mentioned absolutely and forever.I Accordingily declare him as the sole beneficiary and for universal legatee of my this Will." "I hereby leave,give,demise and bequeath absolutely and for ever to my son(i.e my FAther) Sri ..... his heirs,executors,or administrators for his use and benefit absolutely and for ever my property comprising .....""I hereby appont my son sri... as Executor of My WILL who will be entitled to obtain Probate without furnishing security"" I have made this will in sound health and good state of mind by free will without any coercion or influence from anybody" These were the wordings in the Will made in favour of my Dad. Now Sir please guide me how should I go about it.
R.Ramachandran
(Expert) 13 October 2011
Dear Mr. Mahesh,
A person can make WILLs several times. It is the last WILL which was made will have validity while the earlier WILLs made by the said person will have no validity.
In your case, you say that your grand father made two WILLs. 1 in favour your father, who died before your grand father. Therefore, the WILL has become infructuous.
The Second will was made by your grand father in favour of his grand son, who also died before the grand father. Therefore the Second will also became infructuous.
The second will would be infructuous only if there is no provision as to what will happen in the event of the prior death of the grandson. If the will contains any provision that in the event of the prior death of the grandson to whom the property is being bequeathed, in that event the properties will go to..... Then the said WILL will be valid (unless one challenges the genuineness of the WILL itself as being obtained under pressure, coercion, fraud, undue influence etc. etc.) and has to be given effect to.
But, what i understand is that there is no such provision in the Second WILL also. Therefore, both the wills made by your grand father has lost its validity. Therefore, the entire property left behind by your grand father has to go by way of inheritance equally amongst all his legal heirs. You are also one of the legal heirs (representing the share that has to come to your father had your father been alive today).
Your looking after the property for well over 15 years, paying taxes, electricity, water charges etc. etc. has no relevance to claim the share in the property.
You have not indicated where you are located. In any case, you have to approach a lawyer, show all the papers, give facts and discuss the matter and take things forward instead of wasting any more time.
Raj Kumar Makkad
(Expert) 13 October 2011
I again raify my earlier views which gets weight from the opinion of Ramachandran.
Mahesh
(Querist) 13 October 2011
Dear Sirs,
I am based out in Kolkata. I will surely do the needful. Will consult the lawyer and show him all the papers so that I can go ahead with the needed solutions. Many thanks for your valuable suggestiona nd would also ask if you all can suggest him a good lawyer who can asist me well here in Kolkata regarding the said matter.
R.Ramachandran
(Expert) 13 October 2011
You can get in touch with Mr. Devjyoti Barman, who is an expert in LCI. You can get his contact number etc., by visiting his profile.
prabhakar singh
(Expert) 13 October 2011
EXPERTS HAVE RIGHTLY OPINED YET THEIR PRESENTATION NEEDS A BIT DIFFERENT MODE.
1]THE FIRST WILL IN YOUR FATHER'S FAVOR BECAME INFRUCTUOUS AND USELESS SOON THE SECOND WILL WAS TESTATED IN FAVOR OF HIS GRAND SON [YOUR UNCLE'S SON].
2]THE SECOND WILL BECAME AGAIN INFRUCTUOUS AS SOON AS ITS BENEFICIARY HIS GRAND SON [YOUR UNCLE'S SON]PREDECEASED IN THE VERY LIFE TIME OF YOUR GRAND FATHER.
3]FINALLY,THE SCENARIO IS THAT YOUR GRAND FATHER DIED INTESTATE WITHOUT HAVING LEFT ANY WILL IN THE EYE OF LAW.
4]THE SUCCESSION OF YOUR GRAND FATHER'S PROPERTIES LEFT BY HIM ON HIS DEATH SHALL BE GOVERNED BY SECTION 8 OF HINDU SUCCESSION ACT 1956,where under his heirs would be his mother{if not predeceased},his widow{if not predeceased}his sons and daughters{or their sons and daughters if any of his son or daughter has predeceased}.
5]All told in 4 shall take simultaneously and equally to the exclusion of any other relative as class I heirs as per schedule I given in the ibid Act.
prabhakar singh
(Expert) 13 October 2011
YES!You can get in touch with Mr. Devjyoti Barman, who is a Kolkata based lawyer available at LCI,2ND FROM TOP ON HALL OF FAME.
Mahesh
(Querist) 15 October 2011
Dear Sir,
Thanks for the guidance. I have already started taking advice and consultation as aksed by you.
Mahesh
(Querist) 07 November 2011
Dear Sirs,
In Regards to the above query my lawyer is advising me to file a Letter of Administration case.. Is this the right way that I should go ahead...
