• Property dispute

My grandfather bought a property on my grandmother name. My grandparent has 2 son and 2 daughter. Before property divide my grandmother and one of there daughter died. So whatever property my grandparent have divided into two part one for my father and one for my uncle. In our side property use to divide within men only. 

So the property on my grandmother name has assigned to my father name but as one of my father sister has died we haven't taken any consent from there family but taken consent from uncle and another sister who are still alive. 

After the property divide my uncle has abused my grandfather and now he is living with my father and right now some property dispute is going on with my uncle. He want all our property. 

Right now my father sister's(who died)  daughter has filed a case against my father by saying we have done fraud on property. We haven't given any part in the property.  My uncle also is supporting her only. He will say that this property transfer was done in wrong way. 

One key point we have right now is , before my grandmother died she has given a consent(wasiyat) on stampaper on my father name. Nobody know as of now. And also my grandfather is still alive.

Please guide me who has the strong side and what we can do? Please suggest me some good point .
Asked 2 years ago in Property Law from Sri Ganganagar, Rajasthan
1) if your grand mother had left a will on her death application should have been made for mutation of property as per will . 

2) in the alternative application for probate should have been made . i do hope that wasiyat has been attested by 2 witnesses

3) in event your grand mother had not left will on her death  your grand father , 2 sons , 2 daughters would be legal heirs . in other words your father had 1/5th share 

4) your grand father could not have divided property among his sons only to exclusion of daughters as he was not the owner of property 

5) the share of predeceased daughter would devolve on her legal heirs .only if no will is left by grand mother 

6) your father should apply for probate of the will . in reply to notice if any received he should mention that as per will he was absolute owner of property .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1) you  have to  file for probate of will . 

2) one witness has to be examined to prove the will was signed by your grand mother in the presence of witnesses 

3) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Few things are not clear from your query,

2. You stated "So whatever property my grandparent have divided into two part one for my father and one for my uncle". It is not clear as to who divided the said property and what is the instrument executed for the said division?

3. The property was in the name of your grandmother who died before the said division was made by you. If the said division is out of a settlement deed executed by your father & uncle, then it is illegal if NOC from the daughter of the deceased sister of your father has not been collected,

4. Moreover, the Wasiyatnama of your grandmother is nothing but a scrap of paper till its probate is taken from the Court wherein all legal heirs will get chances to contest the said probate application,

5. So, apply for probate now by engaging a local lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Till probate of the Wasiyatnama is taken, it has no value & all the legal heoirs of the property can claim their shares of the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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A. If your grand mother died intestate ( Without execute Will ) all class I heir has right over the property i.e, Grand Father, two son and two daughter.

B. Your Grand Mother executed Wasiyatnama without mentioning any executor, it can be establish by applying Probate before jurisdictional court

C. Notwithstanding property devolve between two male brother without obtain consent or release the right of the deceased  daughter that the right will not die due to succession can be open at any time in these circumstances.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
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