• Family Will

My grandfather make a will and in name of my father two shops given. From two shops , one shop already sold, but me and mother didn't receive the amount of that shop and my father knows that. Now second shop is going to sold and again money will be taken by grand parents and my father didn't say anything to them. My mother and me already planned for sister marriage of that amount.Now my grandparents wants that money and .The shop was sold for rupees 20 lacs and from 20 lacs, 6lacs rupees already used in my marriage and 2lacs my grandparents want against for repairing house.Now remaining amount 12 lacs rupees which is for my sister marriage, my grandparent and uncle wants them.So kindly suggest what we can do in this case?? Also my father knows everything but he didn't speak anything in front of his parents and also didn't support us.
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1)will comes into effect only on demise of the grand father

2) during his lifetime grand father can sell the shops bequeathed by him to your father

3) you and your mother cannot claim share in sale proceeds of the shop

4) even your father cannot claim any share in sale proceeds of the shops during his father lifetime

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1.Since Your father is the owner of the shop he can do anything with it or with its sale price.

2.legally you can not claim the amount from which he got after selling the shop nor you ca ask for money for the marriage of your sister.

3.This is his money and he can do anything with it. Moral obligations has nothing to do with the legal obligations.

4. So your only option is to convince him to part with some money for the marriage of your sister.

5. if he does not take care of your monthly maintenance then your mother or sister can file case for maintenance.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

First of all please be aware that a Will can be enforced only after the lifetime of the testator

You have not told that who sold whose property.

If the property was sold by your grandfather, he has all the rights to sell it during his lifetime if it is his own property.

You cannot claim it as your right from him. He can give it or not will depend on his own will and wish.

You have no rights over it especially when your father is living and he himself do not have any rights in his father's property during his father's lifetime.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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