LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bhaskar   04 October 2016

Avoiding a stay order-property dispute

Hello I need some advise on a property dispute,

The property (A site with an individual house occupied by me) is located in Bangalore. The site is registered in my aunt's name who is mentally unwell and has been staying with us for more than 30 years now. She owns a bank account and also receives funds in her account from UN for which my grandfather had made provision for.

My grandfather in his will has mentioned that my other aunt  who was married at that time would take care of my first aunt since she is mentally unwell and unable to take care of herelf and in this respect the concerned property would go to my second aunt after the demise of my first aunt.

The current situation is that my second aunt has also passed away and my first aunt (Who is mentally unwell) is living with us. The husband and second son of my aunt live in Canada whereas her first son lives in Bangalore.

Since the house is old i would like to develop it and have approached my cousin for an NOC. I would like to know what my legal options are if my cousin and his fammily members deny it. As since morally and in the spirit of my grandfather's will i feel that the house should belong to my father who has taken care of my aunt for so long.

Any advise is appriciated.



Learning

 3 Replies

Kumar Doab (FIN)     04 October 2016

The wish of restaor in Last WILL is supreme.

The first aunt ( that is mentally unsound) is alive and after hear death the property shall go to second aunt or her legal heirs.

 

Bhaskar   04 October 2016

Thank you for your reply, I understand and respect my grandfather's will. However my contention is that, since my deceased aunt was given her share of property and I feel the spirit of giving the property to my aunt was that she would take care of my first aunt, which she did not. It is also worthwhile to note here that the property was trasfered in the name of my first aunt through a gift deed jointly signed by my grandfather and my father since it was ansistral property.

Bhaskar   04 October 2016

Thank you for your reply, I understand and respect my grandfather's will. However my contention is that, since my deceased aunt was given her share of property and I feel the spirit of giving the property to my aunt was that she would take care of my first aunt, which she did not. It is also worthwhile to note here that the property was trasfered in the name of my first aunt through a gift deed jointly signed by my grandfather and my father since it was ansistral property.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register