Bhaskaradeepak (SOFT. ENGG.) 08 November 2010

Need clarification on family dispute

Hi friends,

I need a clarification.Actually my mother's father had 2 wives.The first wife had a daughter(now my grandfather and this daughter is not alive),after the death of first wife he married my grandma and they had 3 kids-my mother,m uncle,my aunt.He owned a property in chennai. before his eath it seems he lfet a will giving the proerty rights to my grandma,we havent the copy of the will still now.After his death my grandma has used her power and she wrote a wil based on the will by my grandpa.In that she haven't shown the daughter of first wife and she had given the whole property to my uncle stating she had done marriage for the daughters and they are living a happy life.

The will by my grandma is registered.Now i need clarification

1.Whether the will is valid and we can't claim any rights over our grandpa's proerty?

2.Is it a offence that she had not shown the daugher of the first wife in her will,we ar ento sure whether she has been shown in my grandpa's will.If its a offense what kind of action can be taken agaisnt my granma and uncle?

3.In her will my grandma stated that,my uncle is upporting her so she is leaving the whole proerty for him and his heirs but the fact is that my uncle haven't earned good till now and even he is lving on the rent from that property.

4.They are still livng in that home , in case if we file a case can we ask that they should be moved out of the home still the dispute is solved?

5.My grandpa while writing the will is not wel lphysically and was completely dependant on my grandma and uncle even for his day to day activities,will that has anything to do with his will?

Please suggest me,i want to establish my rights over the proerty and also i want to teach them a lesson for leaving a legal heir without even shown in the will.If any further details are needed i am ready to give that too.Awaiting valuable suggestions from you friends.

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3 Replies

R.Ramachandran (Advocate) 08 November 2010

Yes, since your grandfather has left a will in favour of your grand mother, your grand mother is the absolute owner of the property. Being absolute owner of the property she has every right to dispose of the property in whatever manner that she likes. Thus, if she has given that property through WILL to your uncle, she has that right. NO BODY CAN QUESTION THE SAME.

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Bhaskaradeepak (SOFT. ENGG.) 08 November 2010

@Ramachandran

Sir,thanks for your suggestion>IF udon't mind i need further clarification.

1.Can my grnadfather do so giving the proerty rights to his second wife without any legal settlement with the legal heirs of his first wife? Is that valid?

2.During the time ,he wrote the will he was physically not independant(for walking,eating etc.,) based on this can the will be questioned?

3.In the legal heirs certificate,the heirs of his first wife were not shown by my uncle.Is it a offense or not?

R.Ramachandran (Advocate) 08 November 2010

Dear Mr. Bhaskara,

Since it seems to be the self-acquired property of your grand father, he has every right to dispose it of in any manner as he likes. Thus, if he had given that property by way of WILL to any one, the same cannot be questioned.

Not walking eating etc., cannot be shown as a big reason for disbelieving the will, so long as there are two witnesses to the Will. Yes one can allege that the will is a fraud, obtained by coercion, undue influence, pressure etc., but that ought to have been done long back (at least that is what I feel.)

As the property has been given by way of Will, the omission to show any one as legal heir in the legal heir certificate will have no effect on the property given by way of will. It is absolutely not an offence, especially as you say that the first wife and her daughter had died.

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