• Daughter claiming her share in the property of her dead mother who already left registered will

Hello, My grandmother died leaving a registered will stating her property to be given to me as grandson after her death. She clearly mentioned that none of her children or grandchildren will have rights over this property of hers. Now after many years of my grandmother death her daughter that is my father's sister has filed a suit demanding her share in this property.
Kindly tell me is she liable to have share in this property as it was a self acquired property of my grandmother and she lawfully made registered will in favor of me as grandson for this property.
Asked 5 days ago in Property Law from LUDHIANA, Punjab
Religion: Sikh

You have to file for probate of will 

 

2) probate is judicial proof that will is genuine 

 

3) enclose affidavit of one of attesting witness 

 

4) your aunt has no share in property as per grandmother will 

Ajay Sethi
Advocate, Mumbai
71852 Answers
4317 Consultations

5.0 on 5.0

if the property was self-acquired property of your grandmother, then the daughter cannot make a claim, since the deceased (grandmother) devolve the property in your name through a registered WILL

Suneel Moudgil
Advocate, Haryana
1442 Answers
1 Consultation

4.5 on 5.0

1. In view of the specific beneficiary mentioned in the registered WILL, your aunt has no right over the property.

2. As per your narration, it was a self acquired property of your deceased grandmother and being the owner of self acquired property, she was free to bequeath her property to anyone, including a stranger also. The decision of your grandmother in bequeathing the property only  to you is legally valid.

Shashidhar S. Sastry
Advocate, Bangalore
2364 Answers
157 Consultations

5.0 on 5.0

Your aunt does not have share in the said property bequeathed by your GM to you.

Get the said Will probated, by which it get legal sanctity.  Further, you can bring the witnesses to the Will to testify the Will before the Court.

S Srinivasa Prasad
Advocate, Hyderabad
1024 Answers
6 Consultations

5.0 on 5.0

The main question in this case is the nature of the property if it is not an ancestral property then the registered will is fine and the property will be transferred to you only but in case the property is  ancestral property then the claim will be contestable as both the party may claim based on the evidences.

Vimlesh Prasad Mishra
Advocate, Lucknow
6152 Answers
19 Consultations

4.9 on 5.0

See if there is registered will on the record the daughter or any other legal heir of your grand mother has no share in the property. 

You can file an application to reject the suit since there is no valid cause of same and she has no right in the property 

Shubham Jhajharia
Advocate, Ahmedabad
22786 Answers
91 Consultations

5.0 on 5.0

1. IF Grand Mother (GM) has made declaration of bequeathing her property in her registered WILL in your favor, THEN it is legally final and irrefutable.

2. Apprehensively the "father's sister" has filed such suit to arm-twist you into a negotiation and settlement.  Legally in a court of law, she will not be able to win the suit, due to the registered will.

 

Hemant Agarwal
Advocate, Mumbai
3649 Answers
19 Consultations

5.0 on 5.0

The claim made by your paternal aunt for a share in the property already bequeathed by a registered Will, shall not be maintainable 

She might have filed the suit out of greediness or misguidance by someone, however she will not understand the law becasue if she understood the law then she would not have filed this suit.

She may be fighting a losing legal battle, you can challenge her suit properly on the basis of documentary evidence and merits in your side to get her suit dismissed.

 

T Kalaiselvan
Advocate, Vellore
61765 Answers
796 Consultations

5.0 on 5.0

Dear querist, 

If the testator i.e. your grandmother has made a will in your favour and no one else, then no one can claim the property. In case she is objecting to the will, you can approach the court of law for probate and letter of administration in your favor by which you will be the sole owner of the property and the will be proved as a genuine  in your favor. 

You can contact me for dealing with your matter. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, New Delhi
217 Answers
1 Consultation

5.0 on 5.0

She has no share. Her case will dismiss. You are absolute owner by virtue of WILL.

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

File probate of will, probate of a will can be taken through lower courts as well as district courts. the procedure is to file the application and pay the requisite stamp duty with a prayer to grant probate.

Your father's sister has no share in her mother property if she executed valid will .

Mohammed Mujeeb
Advocate, Hyderabad
13706 Answers
5 Consultations

4.5 on 5.0

1. If the will is registered and mentioned your name as beneficiary then your aunt cannot claim any share from Property. 

2. No need to worry her suit is going to be dismissed.

Mohit Kapoor
Advocate, Rohtak
6450 Answers
2 Consultations

5.0 on 5.0

1. It seems that your aunt has challenged the will. Will prevails over intestate succession. 

2. Your aunt will have to prove that either her mother had no right, title or interest in the property to make the will in the first place or that she made will without free consent.

Ashish Davessar
Advocate, Jaipur
27440 Answers
809 Consultations

5.0 on 5.0

On filing the written statement to the suit, she would file an application for amending the suit on the plea that from your written statement, she has come to know that there is a Will.   Thereafter, she will challenge the Will to be void on the ground that she was not sound mind or it has been taken by fraud etc.  Now, you have to contest it forcefully and it has to be proved by you that the Will is genuine.   The grandmother was of sound mind at the time of execution of Will.   In case, the Will is witnessed by witnesses.  Those witnesses have to depose in the court in your favour.

Dalip Singh
Advocate, New Delhi
534 Answers
11 Consultations

4.9 on 5.0

If that property is mothers self acquired and she has made will the property will be only divided as per the will only

Prashant Nayak
Advocate, Mumbai
16604 Answers
30 Consultations

4.6 on 5.0

Ma'am, 

Is the Will registered?

whether the other person claiming rebuts/challenges the authenticity of the will ?

 

Abhishek Sharma
Advocate, Chandigarh
113 Answers
2 Consultations

5.0 on 5.0

If the property was registered in your grandmother's name and she willed it to you then nobody has a share in the property. She has no right in the property.

Rahul Mishra
Advocate, Lucknow
6094 Answers
14 Consultations

5.0 on 5.0

1) will has to be proved by affidavit of one of the attesting witnesses 

 

2) 

if both the attesting witnesses are dead you can prove the will by other evidence . you can examine a witness who can identify the testator signature on the will .

 

 

3) you also have to produce death certificate of AW as evidence that both witnesses are dead .

Ajay Sethi
Advocate, Mumbai
71852 Answers
4317 Consultations

5.0 on 5.0

Since this is a registered Will,there may not be any problem even if there are no attesting witnesses available to depose evidence about the Will.

If necessary the sub-registrar may be summoned to give evidence to state that the Will was by a registered instrument.

T Kalaiselvan
Advocate, Vellore
61765 Answers
796 Consultations

5.0 on 5.0

if both the attesting witnesses are dead you can prove the will by other evidence . you can examine a witness who can identify the testator signature

Mohammed Mujeeb
Advocate, Hyderabad
13706 Answers
5 Consultations

4.5 on 5.0

See if the witness are dead or not in position to depose before court then the court may verify signatures of testators and witnesses. 

Shubham Jhajharia
Advocate, Ahmedabad
22786 Answers
91 Consultations

5.0 on 5.0

The will has to be disproved by the person who challenges the will. Once he has sufficient proof then you shall be called upon to rebut him. It is a registered will and hence it would be difficult to disprove it.

Rahul Mishra
Advocate, Lucknow
6094 Answers
14 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your grandmother left a registered will in your favour.
  2. It is very common for any other legal heirs to challenge the will, sometimes just to delay the possession of the properties mentioned in the will to the beneficiary.
  3. If the will is registered then you have an edge, witness can’t deny at threshold as if the same would have been the case then they should have raised objections and if not then they can’t deny their own signature.

Sanjay Baniwal
Advocate, South Delhi
5030 Answers
11 Consultations

5.0 on 5.0

Registered WILL , presumption of due execution and validity of WILL. No witness will call until she dose not prove first, WILL is forged.

In case witness not found/can`t recollect memory or dead, hand writing of witness need to prove. Well this stage will not come in your case.

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

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