prince punnoose 06 August 2021

Father's brother trying to acquire our property illegally

My grandfather had given the family home and land to my father's name in his will before his death. My father passed away in the year 2019. After his death, his brother and his son forged documents in which it is mentioned that the property is being given to his son by grandmother. They have taken fingerprints of grandmother on it. Grandmother is old and mentally ill. Now they are fighting and threatening us.

Is it possible that they acquire our property which has been already given to my father by my grandfather? Please help us.

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6 Replies

Suri.Sravan Kumar (senior) 06 August 2021

The will executed by your grandfather came into existence on the death of your Grand father. What action did your father take after the death of his father? Did he get the home and land transferred on his name? Issue legal notice to them through an well experienced lawyer and approach court of law challenging the alleged document as null and void.

prince punnoose 06 August 2021

Thank you very much for your response sir.

Sir, I would like to mention that my father did not get the home and land transferred on his name. In the will it is clearly stated that the property is for my father and that grandmother can only live on that property as long as she is alive.

Is it possible sir that the newly forged will prepared by them by the name of my grandmother is valid?

Dr J C Vashista (Advocate) 07 August 2021

As very well opined and advised by experts, which I fully agree with Mr Suri Sravan Kumar, your father should have got the property mutated in his name on the strength of Will executed by his father.

However, if your uncle / his son has created some documents allegedly executed by your grandmother, who do not have any title (but a licencee as per will executed by her deceased husband) can not transfer the property, challenge it through a local prudent lawyer.

G.L.N. Prasad (Retired employee.) 07 August 2021

Who is in possession and enjoyment, Now as your grandmother who is in possession and enjoyment rights during her lifetime has expired in 2019, you have to mutate the property in the name of your father and then evict them from the property legally. An only a local advocate can guide you in a detailed manner, as it appears from the query that your GM is vested with enjoyment rights during her lifetime, and she is not having any right or authority to execute any document as her rights are only for possession and enjoyment alone, which comes to an end after his death, and the will step in to give absolute rights to your father.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 07 August 2021

Will can be registered by any person entitled to present the same under section 40. Donor/Testator or after their death the donee/ any person claiming as executor or otherwise may present it to any Registrar or Sub-Registrar for registration.
The claiming party shall produce the Will, records relating to the death of the testator, witnesses and the scribe before the Sub Registrar for Registration.
But Registration of the Will is not mandatory as an unregistered Will is equally valid if it has been witnessed (2 witnesses) properly.
Its generally registered even after death to avoid litigation in the future.