• Legal right of my father on property through registered will

According to my great grand father registered will who had two son he passed all his self acquired property only in favour of my grandfather .My grand father who had four children my father and my three aunt he has passed the same property only in favour of my father through registered will.Does my aunts have any right in claiming the following property .
Asked 2 years ago in Property Law from Lucknow, Uttar Pradesh
1. The original owner of this property was your great grand father who made a will thereof in favour of your grand father who in turn made a will in favour of your father.

2. In terms of the will of your grand father your father is the absolute owner of the property. He can sell, gift or make a will of the property.

3. Your aunts have no share in the property,

4. If your father does not make a will of the property during his life time then you, your mother and your siblings will succeed to the property equally after his life time.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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1) your grand father was sole beneficiary of your great grand father will . on his demise your father inherited all his property as per his will . 

2) your father is absolute owner of said property . your aunts have no share in said property. 

3) your father can sell , gift , bequeath said property as he pleases .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) aunts may file suit for partition but they wont get any share as your father was sole beneficiary of your grand father will . 

2) has your father applied for probate of his father will ? if your aunts are demanding share better apply for probate and prove your   father will . 

3) your aunts would be entitled to share only if it is proved that your grand father will was forged or fabricated or that he was not of sound mind when will was executed . 

4) i do presume that will has attested in presence of 2 attesting witnesses
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
A. As per your statement, your great grandfather made a will with respect to his Self Acquired property and the same property was introduced in the grand father's will in favor of your father is absolutely perfect and your father is the absolute owner of the same.

B. Your aunts have no share over the property and cannot be challenged by filing partitioning suit with respect to the same. In case partition suit filed it will not succeed. However, they can challenge the Will which is executed by the grandfather under fraud, coercion or fabricated.

C. The genuinity of the Will can be questioned at the time of obtaining Probate.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
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1. Any one is free to file a lawsuit in the court. You cannot stop your aunts from filing the suit for partition in the court, but their suit will not succeed in view of the fact that your grand father has bequeathed the property entirely to your father.

2. Your aunts will succeed in culling out a share in the property only if they can prove that the will of your great grand father or grand father was forged or made under duress. If the will has been attested by 2 witnesses then it will hold its ground in the court.

3. Probate is not compulsory in UP.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. Your grandfather was the absolute owner of the property which eas willed to him by his father,

2. Since, it has never been challenged by any siblings of your grandfather, they or their legal heirs have lost their right to agitate any further in this regard,

3. If probate has been obtained by your father of the will executed by your grandfather in his name, he is the absolute owner of the said property & his sisters can not have any claim on the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. All your Aunts can file partition suit claiming their shares on their father's property,

2. If your father has not yet been granted probate on the said Will, it has no value,

3. Ask your father to file a application for probate of the said will immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
if your great grand father's will was duly registered and attested then you father'll get that property after filing of probate. will can't be executed unless probate is filed. your grand father was made a will  then your father  should file probate for execution of that will. 
if your grand father did not made any will and and died after september 2005 then your aunts have right to claim her share in property. but there is a will and duly registered then they can't claim shares.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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