• Claim against grandfather for property on medical Issues

My Grandfather is about 95. He acquired property in 1960 by income of husband and wife. He has made a registered will 02 years ago in favor of both sons (5/12 share each) and grandmother -alive(2/12 share).Again a will be Grandmother for equal share to sons after her death.  This is acceptable to all and no issues  but..

He was been living with my father from 20 years and very limited contact with my uncle.  In about last 15 months he started beating my Garndmother, accusing him for immorality and so on..He has also developed severe shaking of hands and tongue in last one year(Tremor) No major medical treatments taken to prove this but will definitely prove now if taken medical advice.

Now about 10 days ago my uncle has lured my Grandfather and taken with him.
We (my father, his two sisters and grandmother) fear that he may take Grandfather for dissolving the will or for taking away property by any means.

Can We (my father, his two sisters and grandmother) file a civil suit and get stay so that the will is not dissolved or property is not transferred to my uncle.
Asked 1 year ago in Property Law from Malout, Punjab
Religion: Hindu
1) you should  visit a local hospital with your grand father and have complete medical check up done of your grand father regarding his physical. Fitness 

2) if your father is of not sound mind you can rely upon his medical reports if grandfather makes subsequent will 

3) you cannot obtain a stay that your grand father cannot revoke his earlier will 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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1. During his lifetime your grandfather has the right to cancel his will and make a fresh will or gift to transfer his entire property to anyone he desires. His right to transfer his property cannot be called in question in any court during his lifetime. So there is no question of a stay being ordered by the court.

2. After his lifetime the fresh will or gift deed, as the case may be, executed in favour of your uncle, can be challenged in the court by your father and/or his sisters on the basis that the fresh deed was not executed by your grandfather with his volition.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
You are the court cannot force your grandfather to share his self acquired property in your father's favor or to anyone of your choice. If you are so keen to retrieve the property at a later stage, you  may obtain a medical certificate stating that your grandfather will not be  able to take any decision with sound mind because he is suffering from mental ill health. This may sometimes be helpful to prove the subsequent will if any, executed by your grandfather that  the same was obtained by coercion or fraudulently.
No case especially any injunction suit is maintainable.  Dont  waste time and money on it. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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1. The testator can during his life time can execute as many will as he can.
2. In the event of numerous wills only the last one become effective.
3. In your case you can not seek any stay order to restrain him from canceling earlier will.
4. However you can have chance to challenge the validity of the latest will if the earlier one is cancelled.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1) it has to be proved that property was bought in name of grand father out of earnings of gaand mother and was bought for benefit of joint family 

2) whether your grand father is medically for or not would be settled only on basis of his medical reports 

3) don't rush into litigation without grand father medical reports 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. Since the property acquired in the name of my grandfather was based on earning of the family and not he alone was earning during his lifetime. So the property should be equally/shared by all members and why can't be given to both brothers (with consent of grandmother and sisters). Is this not injustice if a property acquired through joint earning of Grandfather and Grandmother is divided on the wishes of Grandfather only.

You are changing the question itself  from the first post to second post.  Earlier you said it was bought by income of husband and wife whereas now you say that the property acquired in the name of my grandfather was based on earning of the family and not he alone was earning during his lifetime. Which one is correct.  However what is the proof of others contribution to the purchase of the property, does the 'others' claim a share in the property on the basis of their contribution?
actually the grandfather would have been the head of the family ad his saying was binding on all the family members as a custom prevailed that time hence nobody raised any objection t it, however being the third generation you do not have any rights in the property, why are you so much concerned about somebody else's share when that somebody is not interested to litigate the issue.  In fact this issue had an answer with your grandfather when the question was put to him by the so called eligible heirs to him. The justification issue has an answer with your grandfather alone for which you are not entitled.

2. Since he was behaving badly during the last 15 months with Grandmother. Why we can't claim in court that he is medically unfit (All of us i.e. Grandmother, one brother and two sisters are ready to file this fact). The court can accept it and order/ask for medical examination so that we do not become victims of this un-justice.

Your grandmother can file a domestic violence case against him and also can claim monthly maintenance from him.  that is all she can do, his medical condition has nothing to with the share in the property.  The property becomes self acquired property of your grandfather, so instead of aggravating the issue and losing the   share in the property which may come in the normal course if there was no quarrel, better adopt patience. to achieve goal. There is no injustice as per law, so there is no question of victim too. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
1. You can file suit for partition if you want equal distribution of property.
2. Unless and until a new will is executed and put to force you can't challenge it's validity.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1. It is immaterial if the property has been acquired by the owner through his earnings alone or with the personal earnings of other family members. The only exception to this is if the earnings of other family members taken together outnumbered the personal contribution of the owner. However, you have to prove in the court that the property was purchased from the earnings of other members also, which is ordinarily very difficult. 

2. Behaving badly does not make a person incompetent to deal with his property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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