LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nirmal (Engineer)     11 March 2011

Regarding the Will

My grand father has 3 sons and 3 daughter, he wriited a will in 1985 that the House, Land, Money Deposited in Bank Accouint belonged to 3 sons, he died in 1995. My father is the elder one, and 2nd son stayed with my grand parents from the beginning. My grand father deposited amount in each sons name with his name as joint account, he deposited in 3 different bank. After his death 3rd son filed a case that the amount belonged to him but the case was failed and the court shared the amount to all the 3 sons.Now my grand mother died the 2nd son is not vacating the house and he took all the money which is kept in the house and also the jewels. My grand father is a railway employee and my grand mother got family pension till her death, every year they used to utilize the rice from the land. Now since he is not vacating my father (elder son) dont know how to proceed. Please help me.



Learning

 5 Replies

M.Sheik Mohammed Ali (advocate)     11 March 2011

file a petition for removel of person, as per will regards. so you must file EP.

1 Like

Solicitor Chirag Shah (Advocate & Solicitor)     14 March 2011

The property belonging to Your grand Father should devolve as per the arrangements made by him in his will.

As your Grand Mother died intestate her estate will devolve as per The approriate intestate law (where all sons and daughters will be having equal rights).

You can clain your share in the flat of your grand mother by establishing your right over flat and then by filing suit for partition.

Regards,

Chirag Shah.

1 Like

Nirmal (Engineer)     14 March 2011

all the properties belonged to my grand father and the will was written by him in 1985, now my grand mother died, and my uncle is not vacating the house, my aunties are treating us that they will file the case that they need share but in the will it mentioned that the property should be shared among 3 sons. i have some question

  1. If in case if anyone file the case how long it will take to get judgement
  2. after the case is that the WILL be valid
  3. is that my uncle can stay continuously or he need to vacate
  4. My mother has some jewels but my uncle (who stayed with him) is saying that all was sold, how to get back that.

please help me with some suggestions.

Nirmal (Engineer)     22 March 2011

all the properties belonged to my grand father and the will was written by him in 1985, now my grand mother died, and my uncle is not vacating the house, my aunties are treating us that they will file the case that they need share but in the will it mentioned that the property should be shared among 3 sons. i have some question

  1. If in case if anyone file the case how long it will take to get judgement
  2. after the case is that the WILL be valid
  3. is that my uncle can stay continuously or he need to vacate
  4. My mother has some jewels but my uncle (who stayed with him) is saying that all was sold, how to get back that.

please help me with some suggestions.

Nirmal (Engineer)     23 March 2011

sir, can you explain me about EP, my lawyer said it was not possible because he also have some share according to the will
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register