Registered will against legal heirs

It is a very complicated case indeed. It is not understood how the propert was registered on her youngest brother, if it had the character of that of HUF. Whatever the reason, in my opinion, the property does not loose the status of that of an HUF.

Also, complicating the case is that any property that comes inmto the hands of a woman is to be deemed as her Self earned property under the "Womens' Property Rights Act".

Better consult an eminenent lawyer.

 

Was the property of maternal grandfather was his self earned property? If was self earned property of grand father then it cannot be termed as ANCESTRAL property. In the instant case if grandfather had made a WILL of his self earned property then nothing is wrong if younger son has bequeathed his property by way of WILL. Though as per law your maternal grand mother is entitled to a share in her sons property if he had not left WILL. All documents and details are required to be examined minutely to advise any course of action. Siddharth 9811776422

Originally posted by : Ram
	Hello, I have a complicated situation for which i would like to have a fundamental question answered. This family is a hindu family and lives in Tamilnadu. My mothers family consisted of her father, mother, 1 elder brother and 1 younger brother. My mothers grandfathers assets used by her father to accquire real estate. This was registered on her youngest brother so as to aid in loan and for construction of house in the said property. My mother eldest brother has 2 sons and has died. The youngest brother has died without getting married.  THe youngest brother looks to have registered a Will for passing on the property to the sons of the elder brother. This registration of WIll happened during good times but relationships have become sour now.  With my mother, her mother still alive. What is their legal heir standing against the registered Will?  Both my mother and her mother want to contest the Will with both of them alive. Do my mother have any inheritance to the property as it was not solely bought by her younger brothers income? It was all her ancestors assets that helped them through this.  If we do not have a legal standing to accquire a share of the property, do we atleast stand to contest the Will in the court?  Please give your opinion, thanks much!!!!

Succession opens on date of death.

Who was 1st owner of the assets in your ancestors say; your mother’s Grandfather? Is he alive?

If NO what is date/month/year of his death?

Is your mother’s father alive?  

Is your mother alive?

 

What are these assets; say; immovable property, movable property (Gold/cash/motor vehicles/ equity shares/ funds in bank a/c,FDR/Life Insurance policies etc etc)  

If there are local laws/rules that were applicable as on date of death, then local counsel specializing in local laws/rules can advise you the best.  

The testator can dispose the self earned/acquired estate/property in anyone's favor by WILL; even stranger?

The testator cannot dispose other Co-sharer's share in the ancestral estate/property by any valid/registered deed say; WILL.

Any WILL can be contetsed; even if Registered?

A stranger to the assets/estate/property disposed by testator by a valid WILL  can not contetst the WILL.

 

 

The title holder can leave a valid WILL, in his life time. You have not posted about any defect in the title of the property.

More so the said WILL is registered.

Registered WILL fetches more relaince and is not easily set aside atleast on the counts of authenticity.

 

 

 

 

The testator as per your post has died.

Is his mother alive?

Is his father alive?

How many brothers and sisters he has and how many are alive?

 

The beneficiary are children of elder brother.

They can contest the WILL on valid grounds.

Did your mother's father ever sign any relinquishment/release/gift/sale/partition/family settlement deed in his life time to dispose his share  in his father's assets.........................or did he collect his share and sign some reciept?

You need to clarify what were these assets?

 

The bone of contention is proceeds from these assets!

So pls post full facst and details from beginning i.e. who was 1st owner of the assets, and what are these assets...................and how did these assets pass..........and so on!

 

 

 

I appreciate all of the lawyers responding to this question whole heartedly. As I am not in town now, i am unable to consult anyone in this matter. That is the reason I posted this online to know if there is any fundamental entitlement that my mother has towards this asset?

Mothers grand father assets splitted to all sons. So my grand father (mothers father) got cash/some document still exists as to how he encashed the sum.

Then my grand father (mothers father) buys land but registers it straight on his son(my mothers elder brother). This is for loan purposes.

The elder brother name is straight on the deed without ever having my grand fathers(mothers father ) name.

After elder mothers marriage and family relationships soured, my mother younger brother fights and gets hold on to the land. My mothers elder brother does a gift deed on to her younger brothers name.

The elder brother passes away.

Now younger brother is an unmarried hindu and passed away. He has registered a conditional will. This was just found and we do not know the exact contents of the will.

Things have turned out very different when the will was originally registered to the time my mother younger brother passed away. But we are very certain that the condition is asset will move to my mothers elder brother sons upon his and my grand mothers time gets over.

Now that my grand mother is still alive, as we understand the condition will cannot be executed.

My grand mother wants to change the will. We know that unless there is any clause in the will mentioned that gives the right for my mother's mother to change/amend the will, it cannot be done.

All that said, what is my mothers entitlement towards the said assets?

Does the will supersede my mothers mother wish? Now realtionships have not been same and so how can this will be changed to reflect the current state of affairs in the family?

My grand mother wishes to split the estate as one thirds between 2 sons of my mothers elder brother and 1 share to my mother.

How can my grand mother fulfill her wish, it be against the registered conditional will. Albeit, can her wish be done?

Even if the penultimate proceedings will not hold good for my mother, my grand mother or my mother does not want an easy ride for the sons of the elder bother to take away the asset so easily.

This is purely because of the way they treated the younger unmarried brother during his life time and that he did not get enough time to change the Will.

Can we atleast get a stay on the execution of the conditional will if (god forbid) my grand mother passes away?

 

 

If it was self earned/acquired assets of mother's grandfather then his sons (including your mother's father) and daughters had share in it and they could very well enjoy it the manner they wanted it. Grand sons/granddaughters have NO forced share in self acquired estate/property of Grandfather.

In essence, my question right now stands at a point where

-> the presence of a conditional will has not met the state to be executed. This is because of my grand mother being alive.

-> So who will be the legal heir of the property left behind by my mothers younger brother?

-> From Hindu sucession act, I understand it will be my grand mother.

-> If it is true, how will transferring the property from my deceased uncle to my grand mothers name playout in presence of this sleeping conditional will?

-> if the sale deed is happening to my grand mothers name, can her wish for succession to the property supercede the condition will written by her son (my mothers younger brother)?

-> The conflicting nature of the conditional will VS the legal heir according to hindu succession act is the crux for my confusion.

Please help!!!