• Does my paternal aunt (mother in law) has right on my grandfather's property willed to us?

My grandfather died in 2014 due to cardiac arrest and in the year 2012, my grandfather has written a will to me and my brothers. In the year 2017, As I was out of station, one of the property willed to us was sold off by my father being guardian with our consent. This property is self acquired by my grand father and finally we are left with only one ancestral property which is willed by my grand father to us and it is just 8 cents of land. As far as I remember from my childhood my father and grandfather helped my aunt in all possible ways at the cost of selling/losing our properties like for her daughter's marriage we asked them sell off our house in my village and for their business they mortgaged our farming land and we had to get it out at very huge cost after 1 and half decade, this the farming land we sold off couple of years ago for our needs. 

We are only left with a 8cents of plot which may not cost even 5L at maximum, now my aunt sent a court notice to my father for share in the 8cents of plot which is ancestral and farming land sold off which is self acquired by my Grandpa. This legal notice was sent to both my father and the buyer of farming land.

Not to boast about my father but he took care of both his parents, his siblings (one elder brother and two sisters) very well at the cost of his wealth, health and our future. My father has to sell off three properties to meet the needs of his parents, siblings, our education and upbringing.

We(4 brothers) are only left with one 8cents plot of Grandpa's property and my aunt, her children eyed on it and sold of land. 

My aunt may have right to ask 2cents equal share as my grandpa has four children. And my father is blessed with four children including me.


My gut feeling is to explain my aunt about the responsibilities my father took care and the expenses incurred for both my aunties and my father's elder brother, my grandpa's surgeries etc and my father's health condition as well deteriorated after stunt implants and other complications. 

Keeping all above in mind, suggest us wisely in addressing above situation so grandfathers will to have the remaining 8cents with his right heirs being our four brothers can be fulfilled?

How should we deal with this situation verbally to avoid court trail and sort it out by sitting with elders?

If my aunt doesn't agree and insists for court trail, how we have to proceed and our strategy to face the court trail?
Asked 6 years ago in Property Law
Religion: Hindu

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6 Answers

If it's am ancestral property and she is a legal heir then yes otherwise no

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See the aunt will have equal share in the proeprty she can file a partition suit for same see to address this you can talk to her and can ask her to relinquish her share vide relinquishment deed in your favour of your father.

Further in case she refuse register a partition deed to settle the dispute amicable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Apply for probate of grand father will 

 

2) probate is judicial proof that will is genuine 

 

3) enclose his death certificate and schedule of property 

 

4) notice would be issued to other legal heirs 

 

5) if no objections are received you would get probate in 6 months 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 if the property is self acquired property then will be the owner of the property is possible but in that case the property should be transferred to the name of the persons it is willed.

Your father should not have sold the property without the consent of the persons who have the will as you are aware of the situation it means that will contestable.

The notice for sale a property may be challenged in case the actual owners of the property agree to.

If there is no will accepted then the property will go to the legal hairs in equal proportion and your aunt is in title for only one fourth share in entire property but will be for that the matter of will must be cleared by the court if it is accepted by support as a proper will

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you have received a notice from court then you may have to appear before court and participate in the case until a compromise is arrived. 

If it is a legal notice from a lawyer then you may issue a reply notice denying the allegations. 

If the Will has been enforced and mutation has been done then there's nothing to be worried about it if not then first get the Will probated to enforce the same. 

She cannot claim any share in the property as it has been properly transferred to you by a Will. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear

You should apply for transfer of land on your name through revenue office by attaching will of your grand father,

His death certificate and IDs of beneficiaries of will. If they refuse to tranfer the ownership on your name on ground of delay.

You should file a case for probate of will and transfer the remaining land on your name.

The case is necessary because you have delay of 5 years after death of your grandfather.

You aunt have no right in property willed to you by your grandfather.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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