- In trial Court it will take at least five years, if t matter goes to High Court, it will take another five years and if it goes to SC, that will be five years more.
- You aunt is entitled to equal share with uncles, all will share equally that will 1/5 of property in dispute for each.
Family property dispute
Hi, My father have 4 siblings, 3 brothers and 1 sister, My grandfather allocated property to all his 4 sons, including my father. When land was allocated, 10 acres of land was on my grandfathers name and another 10 acres was on my great-grandfather name. My grandfather wrote a will in writing, all the property should only go to his sons. My grandfather died 5 years, my grandmother still alive. My Father's sister filed a case to have equal share in the property, and she was married 40 years ago, and my father and his brothers decided to fight the case in the court. If anyone can help me, I have 2 questions. 1) How long the case can be fought in the court. 2) how the property will be distributed and how much land my father will get in his share? Location : Hyderabad , Telangana. Kind Regards Reddy
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
Suit may take 15 years to be disposed of
2) apply for probate of grand father will
3) probate is judicial proof that will is genuine
4) your father would get 2.5 acres as per grand father will
Hi Sir, Thank you for answering my questions. Just clarify , will the court not consider my grandfathers will and will court not consider my aunts age & her marriage time?
Asked 4 years ago
1. Will of grandfather will be effective only if the property mentioned in the will is acquired by his labour.
2. In a case of Dannamma SC has clarified that age and date of marriage cannot deprive a daughter of her right to share ancestral property.
court would consider grand father will
since your aunt has raised a dispute better apply for probate of will at the earliest
1. The time taken for disposal of the case cannot be predicted owing to various factors involved in it.
2. If your father and his male siblings challenge and fight the case properly, they can retain their share in the property as per the bequest made in the Will.
The court will decide the case before it based on the law involved in considering the facts, documents supporting the facts and merits.
Hence no comment can be offered on the conduct of case pending before court.
The court will decide the case before it based on the law involved in considering the facts, documents supporting the facts and merits.
Hence no comment can be offered on the conduct of case pending before court.
Yes court will consider all of the above in same
Dear Client,
As per law, the last drawn will is considered whether it is registered or not.Your grandfather's will should be considered and your aunt will have to accept the devolution of property according to the will.But she may obviously challenge the will if she suspects foul play and has grounds of challenge and means to prove it.
Thanks & Regards
- If the property was an ancestral , then he was not having to transfer the property as per his wish to sons only.
- Further, if the said property was his self acquired , then he was having his right to write a WILL
- Hence, if there is a WILL in favour of your father as well , then he can apply for getting probate of the said WILL from the court.
1. It is depend upon the burden of the court ,and simply cannot be predicted.
2. Your fathers share will be as per the WILL .
