• Share of my mother on a will made by her aunt

My mother has six brothers and two sisters. Her father has died and left property(land) Her father had also one brother. So property was divided in to two parts. One share was of her father and one was for her uncle.Her uncle had no sons and no daughters. Her uncle also died  .My maternal uncle take thumb impression by the wife of my mother's uncle on a will  at the time of her death. .The will gave property to my maternal uncle's sons and daughters .In Will my mother and other sisters were excluded.  My maternal uncles have refused to give share to my mother and other sisters in ancestral property. My maternal uncle are selling the property both of their father and their uncle and building big houses, purchasing costly cars but their sisters are poor. 
Can we claim on property of my maternal grandfather and on the will which excluded sisters?  
And what about the property that has been already sold by my mother's brothers.
Asked 2 years ago in Civil Law from Saharanpur, Uttar Pradesh
Hello,
1. You can certainly challenge the WILL that was fraudulently obtained by your maternal uncle.

2. Once the will is challenged you also need to move the court to get the property partitioned properly.

3. You can also file a petition along with the above obtaining a restraining order or a stay preventing the uncle/s from alienating or creating any third party rights.

4. Of the properties that have been already sold too you can move the court to be adequately compensated to accommodate the extent of the value of your share.

5. Your mom should be the petitioner in all the applications.

6. Engage a lawyer locally who can assist you.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) on death  of father your mother had 1/8th share in property of her deceased father 

2) in respect of property standing in name of your grand uncle on his death his wife would be absolute owner of her husband share in property . 

3) if a s per will all her property has been bequeathed to you maternal uncle children your mother can challenge the will . you have not mentioned whether said lady was educated or illiterate . whether their were any witnesses to the will or not . 

4) your mother can issue legal notice to  hr brother ie your maternal uncle and seek partition of property . if they refuse to give her share file suit for partition 

5) also  eek injunction restraining uncle from selling any property or creating third party rights 

6) your mother can also seek share in sale proceeds of property sold till date
Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
5.0 on 5.0
Dear QUERIST
file a suit for partition before civil court and claim the share as per law.

if the Will is not in your favour then chellenge the Will too.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. The property owned by the father of your mother devolved equally on all his children after his demise. As such, your mother's share in the property is 1/9th.

2. The will that was fraudulently got made by your maternal uncle can be challenged by you on the ground that it is vitiated by undue influence.

3. Once the will is struck down as illegal by the court the property would be partitioned equally among all the legal heirs.

4. In addition to challenging the will, your mother can also file a criminal case for forgery and cheating against her brother in the court, whereupon he may be imprisoned if held guilty.

5. Along with challenging the will your mother is required to seek the partition of the property to cull out her lawful share.

6. As regards the property which has already been sold, your mother can seek apportionment of sale proceeds, or she may challenge the sale itself which created third party rights.

7. I presume the probate has not been granted yet.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. The share of an individual goes to the kitty of the government only if he has not left behind any legal heirs. 

2. As such, the share will be equally divided between the children of your maternal grand father.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. If no prabate of the said Will has been taken yet, it has no value more than a scrap paper,

2. File a partition suit for the entire property of your maternal grandfather,

3. File a declaration suit in connection with the sold property praying for declaration that the said property has been sold illegally since you have share in it and also pray for direction upon the registrar to cancel the said sale deed,
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. If some one dies without any son or daughter, then his property is inherited by his legal heirs,

2. If there is no legal heir found, then only the said property will go to the givernment,

3. In the abovre case, there are legal heirs of the deceased person.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1) property of your grand aunt  wont go to government as she has other legal heirs 

2) merely because she did not have children does not mean that there are no other legal heirs to her property .

3)if no legal heirs found then only will property go to government
Ajay Sethi
Advocate, Mumbai
23143 Answers
1215 Consultations
5.0 on 5.0
nothing left to add, well advised by the experts
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0

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