My grand ma expired long ago. before she died she gave me a will that after her death hers property belongs to me, but my step mother is opposing me to occupy the property with the support of local leaders as i am staying far from my home town. We have all our ancestral properties only. please help to proceed legally to get my property from my step mother and share of ancestral properties. as my step brother is also exists what will be my share in ancestral property.
Asked in Property Law from Kotabommali, Srikakulam Dist, Andhra Pradesh
not to worry,since you have a will in your favour the entire property belongs to you,have you filed for its probate of will through court
Advocate, New Delhi
Please inform your family tree like whoa re other family members.
This is important to know f the property bequeathed by your grand mother is ancestral property.
If it is her self acquired property then nobody has any share in it.
So do take possession of the property.
If you are restrained from doing so then you have to file a civil suit for declaration and recovery of possession.
Was this your grand mother's self acquired property? If yes, you are the absolute owner of the property with all ownership rights. Nobody can stop you from assuming ownership of the property unless a stay order has been passed by a court of law. The right of ownership necessarily encompasses within it the right to occupy and enjoy the property. If your step mother in connivance with hooligans is attempting to restrain you from occupying the property then move to court and file a case for recognition of your ownership to the property in question. Simultaneously, you may give a police complaint against your step mother.
As per Will, you have absolute right over the property, Grandmother property nature seems to be sthridana property. Dont worry about property right.
1) what basis do you these are ancestral properties .
2) if these are self acquired property of your mother you are absolute owner of said property . your step mother cannot interfere with your possession of the property .
3) if you are prevented from entering the property and your step mother disturbs your peaceful possession then file declaratory suit that you are owner of said property and obtain injunction against your step mother .
4) you can also apply for probate of your grand mother will
1. If your grandmother has willed her self acquired property to you, then take probate of that will by filing an application,
2. After taking probate of the said Will you will be the legitimate owner of the said property willed by your grandmother,
3. Regarding the ancestral property apart from the above willed property, your step brother and your step mother alongwith other legal heirs will equally share the property with you.