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rhlmarwahs   18 March 2015

Ancestor property

Hi,

My Grandmother died 15 years ago and I have been residing in that property since last 50 years. My grandmother had no will ( as far as I think). I had approached my relatives so many times since last 10 years to sit together and reach out to some conclusion but they never took any interest and never tried to close the issue.

Now, I have constructed another floor on the same property and my relatives are after me to discuss and reach out to some conclusion. They are even saying that they got a clue that there is some will also ( which they are trying to find it out) and the will is in their favor ( which they assume). 

My questions are mentioned below:-

a) Does the will (if it exists) hold strong enough to prove who is right ( as it might be 15 years old & no action has been taken so far)

b) I have been staying there since 50 years in the same property, so what could be consequences, do I need to vacate the property.

c) what would I do if they demand something unreasonable.

Many Thanks...:-)



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 March 2015

Sir, Who all are the relatives .... ? Regards Kapil Chandna Adv 9899011450

saravanan s (legal advisor)     18 March 2015

even if they bring out a will saying its your grandmothers you can challenge it in the court

Jayashree Hariharan (Advocate)     19 March 2015

In addition to the previous answers by my learned colleagues -

 

moreover the concept of adverse possession too raises. If all hopes are lost, you can still get the floor which you constructed, or the money equivalent to that.

Anand Bali Adv. (Advocate Solicitor & Consultant)     19 March 2015

Dear Client,

One thing in your case is very interesting which is your uninterrupted and long possession of the property . Possession of the property is a good Title it self. Now come to the point of Will. In case the Will surfaces and is against your interests it has to be probated first in the civil court by not below the District judge rank  where its lostness for several years will be the first question be raised as how after a long gap of years it has surfaced and whether it was in the good hand possession or not? 

Nothing happens on presumptions let the Will come in to the surface and then get it be challenged in the court  where the opponents are to prove it a true one for which either of the attesting witnesses are to be presented in the court to say that it is a good and true Will or in case both the attesting witnesses of the Will are not surviving at least one's signature should be proved on it which seems, is a very difficult task to be proved in the court. 

I may presume that since you are in a long possession of the property and this fact is with in the knowledge of the all opponent relative claimers, you must be having Electricity bills and other such documents to prove your long possession;  In fact you are having a good case of adverse possession on the property against the other claimants provided you prove that you are not a licencee or tenant of the property concerned.

 For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.


Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute Matters.

T. Kalaiselvan, Advocate (Advocate)     20 March 2015

You are staying in the said house property for 50 years but you cannot state that you are in possession of the same, what is the proof of your possession?, do yo have tax receipts, land revenue records or water tax or electricity connections ion your name to prove your possession? Further more you are not the direct legal heir of your grandmother, her children will be the legal heirs and they only are entitled to a legitimate share in the intestate property of your deceased grandmother, was she your father's mother or mother's mother? Just because it was your grandmother's property, you cannot claim it as ancestral property and thus stake a claim on that basis.  Consult a local lawyer and then decide based on the factual situations and considering other relevant facts.


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