Inherintance of property

The owner can dispose his/her self acquired property as it  pleases to him/her in his/her lifetime.

Sir,

My grandfather died intestate but gifted his inherited property in unequal proportions to his 3 sons. My father received only one acre by gift deed and my uncles two and half and three acres as well as their grandsons another half acre.

We are 3 sisters and the one acre has been sold and equally divided. My sister has filed a plaint under section 26 of the code of civil procedure for partition and prohibitory injunction against my uncles.  She claims she is the sole inheritor of further property by a Will which had in fact bequeathed all properties to my mother, on my father's death, to use and dispose of the same in any manner she would like.

A further clause was added that in case my wife..... predeceases me then on her death, all the benefits shall pass on to my daughters etc.

Since my mother lived for 10 years after my father's death, she wrote a Will and disposed of the one acre equally.  

Now this new Plaint for further 1/3rd share of partition of my grandfather's property she has stated she is the sole inheritor, her sisters are not arrayed in this suit.There has been some mutation of property in favour of my uncles, which shows mischeavous intent.

Kindly advise the law with regard to my father's Will and what can I file in court to disprove her reading of my father's Will and for equal share in case of any mischeavous misappropriation of land by my uncles.

Thanks

Harish

Your query is not drafted so as to convey a clear message.

You may obtain copies of chain of documents from local revenue office where the proeprty is located and show these to an able counsel specializing in family/civil/revenue/property matters and understands the merits and options.

Since a case has been filed in court all documents shall be ascertained and put to test of law including the WILL(s) mentioned by you.

It is believed that you are all Hindu.

How was property inherited by grandftaher?

To WILL the person should have attaied the rights of equal to that of an owner or should have become owner.

The WILL should be vaild and should be executed so as to be effected.