• Cheating family and court

my aunt has filed a petition in the court of andhra pradesh that my grandpa and grandma didnt not give her share of the whole my grandpas property and she trying to claim the property in the court as she didn't received her share of the grandpa  property and misleading the court

but my grandpa died in and my grandma died in 2010 but my grandma wrote a will before she died that her 2 sons should share the property equally and i have done everything like gifting (money for her to purchase house and help her sons to start business etc etc....) to my daughters ....so i don,t need to give them....like she told in petition...and she also claimed my dads own property was purchased with the money of my grandpa....but my dad bought these lands with his own money and registered these in his name
she took property assessment of the lands and buildings and everything and now claims to she have her share ....
Asked 2 years ago in Civil Law from Srikakulam, Andhra Pradesh
1)you have to contest case on merits . if your grand father was owner of property and he died without a will on his death grand mother , daughter and 2 sons had 1/4th share in property . 

2) grand mother could make will only in respect of her 1/4th share of property . she could not bequeath entire property to 2 sons . 

3) if some share has been given to daughter for purchase of property , helping in business rely upon same in your reply 
4) if father has bought property from his own funds enclose  proof of the same in your reply
Ajay Sethi
Advocate, Mumbai
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i have already advised you . contact a local lawyer . show him will made by your grand mother . from modified facts placed on record by you it appears your grand mother had only 1/6th share in property . 

she could only make will in respect of her 1/6th share of property . apply for probate of grand mother will .
Ajay Sethi
Advocate, Mumbai
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in your reply mention the facts that your aunts have already received share of property during their lifetime . enclose proof of shares  given to aunts
Ajay Sethi
Advocate, Mumbai
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1. Since the case has already been filed your father should contest it on merits by engaging his own lawyer. 

2. If your grand father died without a will then after his death the property vested equally in his widow and children whereupon the widow could make a will of her share in the property. She could not have made an enlarged will which could take within its realm the entire property of your grand father unless your grand mother was given the right to do so by your grand father. 

3. If she has set up her case by stating that the property purchased by your father was purchased with the money of your grand father then place on record proof which can vouch to the contrary.
Ashish Davessar
Advocate, Jaipur
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You have furnished some additional facts which ought to have been furnished at the outset. 

Your grand mother had only 1/6th share in the property. Hence, she could not have made a will over and above her share. 

Engage a lawyer and contest her case to protect your proprietary rights.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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You have already been suggested to engage a lawyer and contest the case. Submit to the court all the proofs which can vouch that aunts received a share in the property from their father.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
5.0 on 5.0

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