• Right on grandfather's property

Dear sir , please help , My Grand father have three sons, my Father was the younger one. Grandfather made a stamp paper on which he mention his will , that paper had carried out by my father only because he got the more property than his brothers, but now my father is no more , so how to sell those mentioned property on behalf of him, but right now my grand mother is alive. And she made another will on which everyone had signed. Can I cancel on behalf of previous stamp paper. After all tell the exact way so that I can sell the property as soon as possible. How to get rid of all this please help because my elder uncle is fraud and disturbing us . Also tell my mother right on all this matter.
Asked 8 years ago in Property Law
Religion: Hindu

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8 Answers

1) do you have copy of grand father will ?

2) whether mutation done in name of beneficaries on basis of grand father will

3) did your father execute any will ?

4) if he died intestate apply for muation of father property in name of mother , you and your siblings

5) grand mother can only make will of her share in property

6) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

no details of query mentioned

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

1)well if all have equal share in property then on father demise his share in property would devolve on your grand , your mother , you and your siblings equally

2) apply for mutation of father share before revenue authorities .

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

File suit for partition for division of property by metes and bounds

2) it is ancestral property as it has remained undivided for 4 generations

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

The so called will made by your grandfather, if it was an unregistered document, then it should be probated to validate it.

As one of the legal heirs of your deceased father, you can can represent other legal heirs also, you can file a partition suit seeking partition of properties as per the recital and bequest made in the will.

In the same suit, you can file another application seeking to restrain the defendants from alienating the properties till the disposal of suit.

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

Thought;

What did you think or thought about?

Even your mother is having a right in the share of your father as a legal heir to your deceased father.

Your mother can have a share of the share divided among his own legal heirs in your grandfather's properties even if the will is not accepted by court.

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

One more thing, some part of property has sold out when my father was alive. And every one signed other will after that , then after three month my father died. I knew all this right now. Is my grand mother have any right till now. Or my mother have all right . , No my father did not execute any will. That's why he signed other will made by grandmother so that all get equal share, how to get mutation on my mother name . Is we need grandmother sign .

Your grandmother as a legal heir to her husband, is entitled to a share in that property.

As a matter of fact your grandmother is one among the legal heirs to your father also hence she is entitled to a share out of your father's share in the property.

However your grandmother is not having marketable title to the entire property and the will executed by her cannot hold legal validity due to this reason.

Your mother is a legal heir to your father along with you and your other siblings, hence the entire property cannot be mutated on her name as a single owner

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

There is also a other property on my grandfather's father name , my grandfather made mutual understanding paper and divide there property among his 6 brothers . Now how to sell those when my grandmother is not supporting us. The property is on my great grandfather name. And even my elder uncle want to overtake all that. What to do, to get my share, when no body support me. This property share is not mentioned in any of the will .

If this property do not have a mention in that will, then this property can be said to devolve on all the legal heirs of your deceased grandfather, which includes your deceased father.

You as one of the legal heirs of your deceased father can claim your legitimate share in the property as your right and can even file a partition suit seeking the said relief.

In the same suit you can file a petition seeking to restrain the defendants from alienating or encumbering the property in any manner till the disposal of suit. This will ensure your rights in the property and also the property will remain secured without the danger of being sold by anyone during the pendency of this litigation.

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

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