• Delayed presentation of will deed

My father aged 78yrs is the only heir of his father. My father has a number of siblings born out of his step mother. No property partition happened yet. My grand father had left a rsgistered will deed registered at sub registry office with three witnesse in [deleted]. All of the properties of my grand father was self acquired properties.My father is not enjoying any property from his father and all properrties of my father are hiy self acqhired properties.Grand father expired in 1998 . Will became known to him in 2015 as one of the witnesses was keeping it with him.In between one of my paternal uncles constructsd a house as a beneficiary of Biju pucca ghar yojana without taking the consent of the coparceners in that one acre cultivation land shich was gifted to my father in will deed.Later when we opposed him , he quarelled wifh us wifh his muscle power.My advocate advises md to initially apply fof ROR change in favour of of my father. That liticant uncle constructed the house in 2016 and recently only possessing the house.He also does not pull well with other2 brothers.What should bs our best line of legal approach.If at all they want to sell or get partition of other properties ,they will certainly need our consent.Please suggest the best line of legal steps we should take.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Hi,

 Best legal way is to go for "Probate of the will" written by your grandfather. For this you can either approach a district court or High court where the property is located. After the probate of the will the property will be divided as per the directions mentioned in the will. In case of any dispute after the probate, your father can file a Partition suit and mention your uncles encroachment. Since this uncle of yours has shifted to the said house recently, the court can grant stay on occupants till the case is pending before the court.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

See since the will is registered the beneficiaries of the will based on same can file suit for partition of the property along with the stay application also seeking possession of the property in suit. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See he cannot sale the property he can sale just his undivided share further in case he fraudulently sale same a suit to cancel the sale can be filed along with a criminal case. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have to apply in the court for execution of WILL and get property entitled on your father's name so your uncle couldn't sell the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi

Issue notice based on WILL.

File Suit for Partition of property alongwith an interim application seeking not to create third party interest or alienate the property.

The property cannot be sold till the above are decided.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Executor should apply for probate of grand father will 

 

2) probate is judicial proof that will is genuine 

 

3) your father can also file suit for partition for division of property by metes and bounds 

 

4) seek an injunction restraining sale of property by your uncles 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

Petition for probate of will should be filed st earliest 

 

enclose affidavit of one of attesting witness 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

File suit in civil court for recovery of possession and injuction from sale of property.

Your father is absolute owner by virtue of WiLL.

There is no delay due to ignorance of Will

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The best option is partition suit here and seeking the share from him

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

Your father need to file the suit for probate the will and set aside any transfer of property after the demise of your grand father.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If your father want to enforce the bequest made in the Will then he may apply for grant of probate since the Will was made in the year 1998 or before that.

Once he gets grant of probate then on that basis he may apply for transfer of revenue records to his name and file a suit for ejectment of the unauthorised occupiers from the property that has been bequeathed to his name through the said Will.

Consult your advocate and discuss the subject matter on this line also.

 

 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

Your uncle cannot sell the property to anyone without your consent and also since your father has given an objection to the revenue department for the transfer of proeprty to hi name, based on this objection no buyer will buy this property.

Your father is advised to file Probate petition before the court competent  and also an application seeking injunction against your uncle retraining him from alienating or encumbering the property in any manner till the disposal of the probate petition.

 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

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