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Maneesh Agarwal (Employed)     02 July 2016

Claim over grandparents property

Dear Experts.

Some 50 years back, my grandfather bought a property on my grandmother's name. Approx 20 years back, he wrote will on plain paper and shared the property among all his sons. He has also mentioned that it is his earned money. My grandmother also signed the same. As a witness, my uncle (grandfather's son-in-law) signed. However, there is only one witness. Once grandfather expired, my uncles got signed a will from my grandmother where both witness are non-family members (I know there is no such restriction). Once grandmother also expired, we came to know that grandmother has mentioned that my father does not want any share in property but my father has not signed any document. Can my father/myself claim our share in property? We also have one widow aunt, her husband expired in 2000 since then she came to grandparents home.  My uncles are not willing to give share. Can she make claim?



Learning

 9 Replies

Kumar Doab (FIN)     02 July 2016

You have posted that:

"Some 50 years back, my grandfather bought a property on my grandmother's name. Approx 20 years back, he wrote will on plain paper and shared the property among all his sons. He has also mentioned that it is his earned money. My grandmother also signed the same. As a witness, my uncle (grandfather's son-in-law) signed. However, there is only one witness. Once grandfather expired, my uncles got signed a will from my grandmother where both witness are non-family members (I know there is no such restriction). Once grandmother also expired, we came to know that grandmother has mentioned that my father does not want any share in property but my father has not signed any document. Can my father/myself claim our share in property? We also have one widow aunt, her husband expired in 2000 since then she came to grandparents home.  My uncles are not willing to give share. Can she make claim"

 

1. The Grandfather can not dispose the property  by WILL whose title is in the name of Grandmother. The WILL should have been written by Grandmother.

2. Two witnesses are required to sign on the WILL.

3. Therefore the WILL by grandfather  is not valid.

4. The property whose title is in the name of grandmother is owned by her. WILL by grandmother signed by 2 witnesses should be valid.

Grandmother does not need anyone's consent to dispose her property by WILL.

 

adv.bharat @ PUNE (Lawyer)     02 July 2016

self acquired property can be distrunuted as per his will.

hve you grand father alloted any share to you father?

If yes then only you can claim share in the property other wise not.

Kumar Doab (FIN)     02 July 2016

The querist has not mentioned in query that grandfather alotted any share to father!

Maneesh Agarwal (Employed)     02 July 2016

The will grandfather wrote, it has signature of both grandfather and grandmother. My father has share in that will.

In second will (my grandmother's will), it is mentioned that my father does not want share.

Kumar Doab (FIN)     02 July 2016

It has already been posted that;

'The Grandfather can not dispose the property  by WILL whose title is in the name of Grandmother.' Such WILL should be invalid.

JustAdvisor (IT)     02 July 2016

as rightly advised will made by grandfather is invalid. as regards grandmother's will, why would a will mention that your father does not "want" any share? go to a good lawyer, even if you case is weak, one may doubt genuineness of the will.

Maneesh Agarwal (Employed)     03 July 2016

Thanks for your answer.

One more question: we had family agreement after the death of grandmother where all 3 brothers and widow aunt got share? Are my uncles bind to honour the family agreement?

Maneesh Agarwal (Employed)     03 July 2016

Thanks for your answer.

One more question: we had family agreement after the death of grandmother where all 3 brothers and widow aunt got share? Are my uncles bind to honour the family agreement?

Kumar Doab (FIN)     03 July 2016

Has the grandmother's WILL been acted upon?


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