• 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 1 month 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
73029 Answers
4385 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
1721 Answers
3 Consultations

4.7 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
2438 Answers
159 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
1398 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
6308 Answers
20 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
23462 Answers
94 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
3944 Answers
21 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
62987 Answers
814 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
251 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
17414 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
14541 Answers
6 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
7134 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
27730 Answers
820 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
563 Answers
12 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
17462 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
6753 Answers
15 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
73029 Answers
4385 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
62987 Answers
814 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
14541 Answers
6 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
23462 Answers
94 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
6753 Answers
15 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
5043 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
17414 Answers
21 Consultations

4.6 on 5.0

If there is no order of restriction against you from the court  for selling this property, you may proceed to sell this property to the prospective buyer b y executing a registered sale deed.

Let she include this also in her case at a later stage, the court will not entertain any petition on subsequent developments.

 

T Kalaiselvan
Advocate, Vellore
62987 Answers
814 Consultations

5.0 on 5.0

Firstly, thank you very much for your kind appreciation ratings for me over Kaanoon.

 

I would like to apprise you that as the properties have already transferred on your name, you have all right to dispose off the property.

But as she has filed the case though no stay is there to create any third party interest in the property, you should proceed with it.

Still, would like to see the case file so as to analyse the case status as of now and future difficulties if any before giving you the precise advice.

regards 

Sanjay Baniwal
Advocate, South Delhi
5043 Answers
11 Consultations

5.0 on 5.0

Thank you once again for the wonderful ratings.

Now, if you wish to proceed with my services, you may have to consult me through Kaanoon as only then I may able to go to the file and suggest more precisely.

regards 

Sanjay Baniwal
Advocate, South Delhi
5043 Answers
11 Consultations

5.0 on 5.0

You cannot sell the property after partition suit has been filed by your aunt

 court must  have granted an injunction restraining you from selling the property 

Ajay Sethi
Advocate, Mumbai
73029 Answers
4385 Consultations

5.0 on 5.0

1. There is no legal need to produce witnesses or prove mental stability of a 'REGISTERED" Will, since the will is registered before a Constitutional Authority (means the registrar of sub-assurances) and is construed Final & Irrefutable. The Registrar will NOT register any document, IF he sees that person is of unstable mind or whatever.  REST ASSURED.

2. AS long as there is no stay order of any Court and the property is duly transferred /mutated in your name, you are free to Sell /Gift/ Lease /Mortgage /Donate /Whatever .... the property.

Hemant Agarwal
Advocate, Mumbai
3944 Answers
21 Consultations

5.0 on 5.0

First you need to contest the case filed by your aunt.  Upon disposal of the case (in your favour), you can sell the property.

  

S Srinivasa Prasad
Advocate, Hyderabad
1398 Answers
6 Consultations

5.0 on 5.0

See if there is stay from the court on sale or transfer of case then you cannot sale otherwise you sale this property otherwise you can sell if buyer is ready to purchase pending the suit.

 

Shubham Jhajharia
Advocate, Ahmedabad
23462 Answers
94 Consultations

5.0 on 5.0

If no stay from court, you can sell the property. Your title is valid through WILL. She has no claim.

 

Yogendra Singh Rajawat
Advocate, Jaipur
17414 Answers
21 Consultations

4.6 on 5.0

You have to file for probate of will 

 

2) in reply to partition suit enclose copy of registered will and mention you have applied for probate of will 

 

3) both cases would be clubbed together 

 

4) if you get probate partition suit would be dismissed 

Ajay Sethi
Advocate, Mumbai
73029 Answers
4385 Consultations

5.0 on 5.0

See you need to file a written statement and an application for rejection of the suit certified copy of will and affidavit can be placed on record.

See it is necessary to file WS and probate can be filed separately.

 

Shubham Jhajharia
Advocate, Ahmedabad
23462 Answers
94 Consultations

5.0 on 5.0

If she has filed a suit against you then you may have to challenge her allegations properly in that suit.

in general the registered Will not be probated until it is disputed.

Since there is no dispute about the Will, you can produce the certified cop[y of the Will before the court where she is claiming a share in the ancestral property to disprove her claim. 

 

T Kalaiselvan
Advocate, Vellore
62987 Answers
814 Consultations

5.0 on 5.0

Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

Mohammed Mujeeb
Advocate, Hyderabad
14541 Answers
6 Consultations

4.5 on 5.0

Contest case. Hire lawyer. NO need of probate.

Just try court may not grant any stay, than let the case goes on, no harm to you. YOU have possession and WILL. Why you worry. You are at front end, enjoy possession.

Yogendra Singh Rajawat
Advocate, Jaipur
17414 Answers
21 Consultations

4.6 on 5.0

Hire the lawyer to contest the case & get the probate of Will. 

In civil suits there is no short cut, only thing you can do is be present on each date of hearing and push the court to dismiss the case if your aunt does not appear.

You have proper proofs  / evidence, use them constructively and take contested decree instead of exparte decree.

S Srinivasa Prasad
Advocate, Hyderabad
1398 Answers
6 Consultations

5.0 on 5.0

Normally the property cannit be sold if a court case is going on. If she has not filed a case then sell the property before she files a case.

Rahul Mishra
Advocate, Lucknow
6753 Answers
15 Consultations

5.0 on 5.0

A probate is something wherein you file for possession of the property. A notice is sent to the legal heirs of the property. If they have no objection then the property is yours.

A civil suit is one wherein on of the shareholders files a suit for his/her share in an ancestral property.

As the civil suit has been filed file a reply based upon the will.

Rahul Mishra
Advocate, Lucknow
6753 Answers
15 Consultations

5.0 on 5.0

Fastest method is to prove a WILL in the court as way of Probate and then show probate order to aunt has filed suit share in this ancestral property.

Ganesh Kadam
Advocate, Pune
9308 Answers
77 Consultations

4.9 on 5.0

Suit or settlement no other alternative

Prashant Nayak
Advocate, Mumbai
17462 Answers
30 Consultations

4.6 on 5.0

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