• Multiple owners of property

Hi,

My grandfather had bought a property and willed it to my grandmom and after her death to his sons.
MY fathers sisters made another will getting signature from my grand mom that stated after grand mothers death the property goes to sons and daughters which was not as per grand father's will.
Grand fathers will is lost and now we have only grandmothers will stating property be distributed to all children including daughters.

My dad and Uncle (Chacha) do not want to do this as this was not what the grandfather had willed. Grand mom was old when she made new will and was manipulated by dad's sisters to give part of property to them also.

Property went in redevelopment and we had to transfer share certificate in 6 names equally before redevelopment.

The daughters now want to sell the house and want their share. My dad does not want to sell the property as has no where else to live is a senior citizen nor has the money to pay share to the sisters.

What are are options. How can we continue to stay in the flat
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) you don't have copy of the grand father will 

2) as per the will grand mother had only life interest in property and on her demise property would go to sons only 

3) if grand father had died intestate each legal heir would have equal share in property 

4) grand mother could only bequeath her share in property to your father and his siblings 

5) you have accepted grand mother will and share certificate had been transferred in name of all 6 legal heirs 

6) if your father refuses to sell the house his sisters would file suit for partition to claim their share in property 
7) if you want to make out a case you have to find grand father will and oppose claim of your aunt s for share in property 

Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1) if will was registered obtain certified copy from sun registrar office 

2) you can take search in sub registrar office and obtain a certified copy of the will 

3) apply for probate of grand father will . I do hope at least one of attesting witnesses are alive to prove the will 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. If the will of grandfather is lost but is registered then a certified copy of it can be obtained from the office of registrar. You should hope that the will is probated as without probate it has only scrap value. 

2. If the subsequent will made was got made from your grandmother under force it has to be challenged in the court which can set it aside as illegal. Unless the will by your grandmother in favour of her sons and daughters is set aside as illegal by the court it will hold its ground.

3. If the daughters are contemplating the sale of the house the first priority for your dad should be to stop the sale of the property as in the event it is sold and third party rights are created it will be difficult to impeach them in the court. To this end your dad can seek an urgent stay order from the court.

Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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A title search in the office of the registrar would reveal the date of registration. You will require the assistance of a local lawyer in this regard.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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If  your grandfather's will was registered, you can get the copy of it from the registrar's office by tracing it from the approximate dates of registration.  Once getting it, you can apply for grant of probate of the will based on which the further procedure namely partition between two brothers and registration plus possession of property can be taken.
In the absence of the said will, partition and separate possession of their individual share by all sharer through court  of law will be the alternative solution to this problem.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
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1. The Will of your grandfather is required to be seen,

2. In the Will , had he given living right to our grandmother or willed he entire property in the name of her?

3.If the entired property was willed in her name then your grandfather can not furtherwill hat after her death her sons will get the property. In this can your grandmother had not received the title of he property but only he living right during her lifetime,

4.Moreover, if no probate was taken on the said will and also if that will is lost, then it has no value at all,

5. All he legal heirs of your grandfather including his daighter has right on your grandfather's property,

6. Without he consent of your father, the said property can ot e sold,

7. Your father ca talk to he developer for alternate accomodation if redevelopmentt is found to be benificial for him.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. Try to find out from the Regiatrar's office the trace of the Will and collect certified copy thereof,

2. After that the legatees are required to apply for the garnt of the probate (you have not mentioned as where the property exists),

3. With out the rant of probate, will has no value,

4. If you fail to get the Will or its probate, the property of your grandfather will be owned by all his legal heirs including his daughters.

Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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