Facts of the case:
My maternal grandmother bequeathed clearly and unambiguously her house in Pune to my mother (living in Mumbai) in a registered will (made in 2007). My grandmother expired in November 2014. No other will was made by her to the best of our knowledge.
We are of Hindu religion.
For the last year my elder maternal uncle, his wife and grandmother were staying in the said house in Pune. Grandmother did not reveal her will to anyone in the family (Her will papers were subsequently found along with some bank FD papers given to my mother. The will was found after my grandmother's death.)
My maternal elder uncle expired in July 2014. After that my grandmother expired 4 months later in November 2014.
Now the widow of my maternal elder uncle lives alone in the said house.
My mother wants to transfer her right to the inherited house totally to her younger brother (aged 56) (My grandmother had 2 sons and 2 daughters - one daughter expired early on and was not married and one son expired as stated above in November 2014)
How should my mother proceed with taking occupation of the said house and subsequently transferring the property to her younger brother.
Also can my mother file a police complaint to evict my aunt(deceased elder uncle's wife) who is currently occupying the said house and will most probably refuse to vacate it.
Please answer the above and thanking you in anticipation.
Asked in Property Law from Mumbai, Maharashtra
1. After the will made by your maternal grand mother during her life time in favour of your mother the latter became the owner of the property on the demise of your maternal grand mother.
2. Your deceased maternal uncle's widow can be evicted by your mother by filing a suit for her eviction in the court. Police has no role to play in this. The only legal recourse available to your mother is before the court.
3. Once your uncle's widow is evicted your mother can execute a deed of relinquishment or gift deed in favour of her younger brother to transfer the ownership to him.
1) it is better that your mother applies for probate of the will .
2) since your aunt is in possession of the house and may refuse to vacate the house it has to be proved that will executed by your grand mother is genuine .
3) once your mother apply for probate notice will be issued to your aunt and other legal heirs . if they so desire they can oppose grant of probate .
4) if no legal heir opposes grant of probate your mother will get probate within period of 6 months .
5) only then should your mother take eviction proceedings against your aunt .
6) your mother can execute will bequeathing property in pune to her younger brother .
7) she can also execute registered gift deed in favour of her younger brother .
1. Till your mother applies for and avails the grant of probate of the will which your grandmother has executed in her favou from the Courtr, the said will has no legal value,
2. Apply for and avail the grant of probate of the said will,
3. On availing the said grant of probate, your mother can file an application for vacating your widow aunt and also gift it to anybody she wants to including her younger brother.