Sir, My grand father, My grand Mother, My father, & my two uncles held a lessee of a plot in perpetuity. My grand father constructed a bungalow consisting of four dwelling units. My two uncles occupied three dwelling units & the fourth one was occupied by a tenant till 2007. I paid the tenant compensation against his tenancy rights & she gave us peaceful possession of the dwelling unit. Till date such dwelling unit is unoccupied. All legal heirs (seven in number) of Grand parents entered into a memorandum of family arrangement amicably & decided everyone's undivided share in percentage. No legal document is registered defining exact physical share of the heirs. So the property is a jointly owned property. My grand father, grand mother, father died intestate. My youngest uncle who was unmarried died in November 2016 leaving a will behind. In this will, he had claimed that he held 1/3rd share in the property & was entitled for two dwelling units. These two dwelling units he wanted to give to a charitable trust for use & ownership to his niece & grand daughter of my second uncle. Actually as per the memorandum he is entitled for 25.71%. What action can I take to secure legal rights of remaining heirs ?
1) file suit for partition for division of property by metes and bounds
2) in probate petition court does not decide title of the testator
3) it only decides whether will has been executed by testator or not
4) issue as to whether uncle had one third share in property or not has to be decided in suit filed by the family members
Hi
The Property have to divide in equal three parts between your father and his brothers .
the share of the deceased uncle will be divided according to his WILL .
Since the property is not divided into metes and bounds, it is necessary to identify each heirs portion in physical measures.
Either all the legal heirs have to mutually reach to an agreement for the physical division and take their respective shares.
or else
Approach the civil court with a partition suit.
In the suit the deceased Uncle's WILL can be presented and can be challenged or admitted by the two brothers .
Whoever is the beneficiary of the will has to prove the will by obtaining grant of probate.
If the will is challenged on the basis of marketable title to the testator, then if found no title with the testator then the will shall be infructuous or cannot be enforced.
If the testator has limited title than what he bequeathed then the same can be operative to that extent.
It often happens that, due to ignorance of law, people fail to make a proper, enforceable will. Consequently, confusion ensues and often, the rightful heirs do not receive their fair share.
A probate is obtained to authenticate the validity of the will. The probate is still the only proper evidence of the executors appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator.
The term ‘Will’ is defined under ‘Section: 2(h)’ of The “Indian Succession Act, 1925”, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.
Any person who is the sole owner of a self-acquired property can bequeath by way of will.
