Succession to property disposed of by will
anwesha chatterjee
(Querist) 26 January 2016
This query is : Resolved
My grandfather had 2 properties.. 1 two storeyed building in salt lake in kolkata and another in south kolkata.. he had made a will which states that my grandmother will stay with her sons (my father and uncle) in the salt lake house and my aunt will be the owner of the flat in south kolkata..
he further mentioned that in the ground floor my father will stay with me and my mother and in the first floor my grandmother will stay with my uncle and after her demise my uncle will b the owner of the 1st floor. Now my grandfather passed away in 2015.. my father is not willing to stay in salt lake now. We have planned to give it on rent and stay somewhere else.
But my grandmother is saying that by the will we do not have the right to give it on rent but merely have a right to stay here. She claims to have the ownership rights and my father has a possession right only. She says she will be the owner of the entire property in salt lake. Further properties is salt lake are taken from the govt on lease. She further claims that the lease which was in my grandfather's name will become that of my grandmother now.
I want to know whether her claims are right or not.. just because it is written that my grandmother will stay in the property with both her sons gives her d ownership to the entire property? Because it is also mentioned that my father will stay absolutely in the ground floor.. if in boh the cases it is mentioned that they ( my grandmother and my father) can stay in the house then who will get the ownership to the ground floor?
Devajyoti Barman
(Expert) 26 January 2016
Madam, the contents of the Will needs to be seen to give proper reply on this as interpretation of Will may differ once one can see its contents.
If you are from Kolkata feel free to contact.
Rajendra K Goyal
(Expert) 26 January 2016
All the documents need to be referred, consult local lawyer and discuss.
Expert Devajyoti Barman is based locally and can be contacted.
Kumar Doab
(Expert) 26 January 2016
Agreed with Expert Mr.Barman.
The author may show the WILL and get it examined.
