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PRASHANT (IT MANAGER)     13 April 2012

Grandmothers property

A property which is willed by my grandfather to my grandmother and then grandmother willed it to my mother.

Sir . i had a query regarding its ownership as this property is challenged by my uncle in court,

let me tell u about this property

: property land is ancestral

:property  includes house and compound(haata)

:house map is passed in the name of my grandmother and registerd there.

will is registered(grandfathers will is also mentioned there in grandmom will)

: what should I do??



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 April 2012

Dear Querist,

The facts are not complete. You've failed to mention when the respective wills were made. If the property was ancestral in the hands of your uncle - he acquired a birth right as to his share - hence the will as to his share is pro tanto void. However if he failed to challenge it when the same was gifted to your grandmother - the same may by lapse of time become absolute in your grandmother's hands - which would enable her to pass it absolutely to your mother. 

SAINATH DEVALLA (LEGAL CONSULTANT)     13 April 2012

Dear Prashant,

Was the will registered by your grandmother?If not your maternal uncle rightly can demand his share from his mother's property.Hence instead of running after courts settle the matter with the help of other relatives.But still I feel that some substance is missing in your query,as you have not given the complete facts.

PRASHANT (IT MANAGER)     13 April 2012

yes the will is registered

PRASHANT (IT MANAGER)     13 April 2012

wills are made by my granfather to my grandmotherin the year x/y/1985

then, my grandmom willed it to my mom in the year 1998

grandmom expired in the year 2004

SAINATH DEVALLA (LEGAL CONSULTANT)     13 April 2012

Dear Prashant,

There are two aspects here.(1) your grandfather registered the will in the name of your grandmother.Here I would like to know the actual contents of your grandfather's will,because  has he mentioned any share to be given to your maternal uncle,after the death of your grandmother.

(2) How could your grandmother endorse the will in the name of your mother,giving nothing to her son.(clarify clearly)


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