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Divith   22 June 2020

Rights on grandfathers property

My grand father has 3 children 2 female and 1 male. My grandfather self-earned and purchased many properties and inherited some properties as well. In total 15 properties he gave just 1 property to my father and rest all he gave to his 2 female children and to his wife. At the time of death he created a will in that he wrote all the 14 properties to wife and 2 female children and just 1 property to my father. Again the property which my grandmother received from my grandfather even that the 2 females took over as my grandmother again wrote in their favour. Now my question is as these all properties are self earned and purchased my grandfather its said that he can give the same to anyone he likes in that manner can we the children of my father ask for partition? Is it worth to ask for partition-my father is expired. If we ask or file a case what stand would the court take-WILL WE GET ANY SHARE IN THE PROPERTIES GIVEN TO THE FEMALE-my fathers sisters? Or will court ask them to share all the properties of my grandfather equally among the three? Or is it waste fighting in the court as its my grandfathers own earned property ? Please advice?


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 10 Replies

P. Venu (Advocate)     22 June 2020

No is the only answer. Facts posted suggest that no property was left intestate either by your grandfather or the grandmother.

1 Like

Divith   22 June 2020

Thanks for the reply,yes nothing was left intestate.

But the fact is my mother is filed a partition suit and lawyer has assured we will get property-we are just paying money to lawyer.

Why do lawyers do like this i cant understand--we are just dreaming we will get anything

Dr J C Vashista (Advocate)     23 June 2020

The lawyer shall form his/her opinion, advise and proceed as per the inputs in the form of facts and documents provided by you, for which you are responsible.

If you are not satisfied with his/ her lyour lawyer's) performance, ability or behaviour you can (must) change immediately. 

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G.L.N. Prasad (Retired employee.)     23 June 2020

With due respect to your advocate, every advocate maintains professional ethics.  None of the members have gone through documents and know more facts and to decide simply on the basis of some vague stories.

Your advocate might have studied the documents and he might have found a real cause of action.  Members are not competent to judge on his abilities, when it is you that has explained the problem, convinced with his explanation and filed the suit.

P. Venu (Advocate)     23 June 2020

Originally posted by : Divith

Thanks for the reply,yes nothing was left intestate.

But the fact is my mother is filed a partition suit and lawyer has assured we will get property-we are just paying money to lawyer.

Why do lawyers do like this i cant understand--we are just dreaming we will get anything

 

What are the grounds urged in the partition suit?

 

Divith   23 June 2020

Hi Experts thanks for all your comments.

The grounds argued in the partition suit is-The will executed by my grandfather is not correct-He has not divided the property equally to all three childrens-(2 females and 1 male my father)

The main point is the 2 females have already sold many properties,given to apartments and things have changed-will we still get them?

My point is IF ITS SELF EARNED PROPERTY ONE CAN GIVE IT TO ANY ONE HE WISHES RIGHT

Is there any law or chance that we can defeat this point?

Why cant lawyers say this so that we wont file case it self-ans this is the base?

But they still give assurances and say we can get the property-thats the point which am not able to understand.

Yes i can understand each lawyer can think and run the case differently but the point of judgement would be the same right that 

IF ITS SELF EARNED PROPERTY ONE CAN GIVE IT TO ANY ONE HE WISHES RIGHT

Please advice

 

P. Venu (Advocate)     23 June 2020

Has the defendants files the written statement? What is their stand - what are the pleadings therein?

1 Like

Divith   23 June 2020

Hi Sir,

Yes the defendants my 2 aunts  have filed statements telling we have no rights to challange the will.

An order is also being done by the additional civil court but we have moved to high court again asking to challange the will.

WIll we get anything here?

ORDER IA.no.31 filed by the defendant no.9 Under Section 151 CPC is hereby allowed.  Defendant no.1(a) to 1(c) and defendant no.7 are hereby directed to not to cross*xamine defendant no.5 or any other witness touching the validity of Will dated 31.10.1998. No order as to costs.

P. Venu (Advocate)     23 June 2020

The issue appears to be more complicated than the facts disclosed.

1 Like

Divith   23 June 2020

Hi Sir,

What else details do you need-But the fact is that can we get the earned property from my grandfather? 


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