Registered Will

Querist : Anonymous (Querist) 24 October 2009 This query is : Resolved
I am having a registered will in my name given to me by my grandmother who is a co-owner of the property, I am currently in possession of. Both my grandmother and grandfather, the property owners have died . My father and and his brother are fighting a case in court over the succession. What is the best thing to do for me in this situation. The registered will in my name is the last testament of one of the co-owners of the property.

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R.R. KRISHNAA (Expert) 24 October 2009
You can make yourself a party in the proceedings that is pending between your father and your brother and file the will in the court and assert your rights. Or You can file a suit for declaration that you shall be entitled for the benefits under the will before the civil court.

If the property stated in the will is a city property as notified in the Indian Succession Act, I suggest you to apply for probate of the said will and thereupon after obtaining the probate order, you become the right holder of the property stated in the will.

But as you say that your grandma is the co-owner of the property your rights which will be granted by the court shall be limited to the extent of the rights possessed by your grandma in the properties stated in the will.

Adv Archana Deshmukh (Expert) 24 October 2009
Rightly said by KRISHNAlegal.

PJANARDHANA REDDY (Expert) 24 October 2009
FOLLOW KRISHNALEGAL

Sachin Bhatia (Expert) 24 October 2009
Go with the opinion of Mr.KRISHNA

adv. rajeev ( rajoo ) (Expert) 24 October 2009
If it is the self acquired property of your grandfather then your father and his brothers will have share.
if it is his self acquired property then no problem to u.
When there is dispute between the brothers regarding the same suit property which you have got thru., the will, then u get it declared on the basis of the will by impleading yourself in the suit filed by your father and brother.

Raj Kumar Makkad (Expert) 24 October 2009
There is no dispute that the property owned by your grandma was self acquired otherwise also it can not be inherited by her during the life time of her husband. You ave got full right in your share gifted by your grandma. become a party to the suit pending between your uncle and father so that your rights may not be suppressed by them and thus you may not be loser therein. You should get probation of will.

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