My grandmother had a house in Wadala. This house is taken by my aunt's sons. They claim that my grandmother gave it to them before dying as per a legal will. We have not seen the will and they claim we have no rights over that house. My grandmother was unwell most of the time and I think her signature has been taken when she was unwell. IS THIS VALID UNDER LAW. if not can u tell me how do I go about this and get that house back. Please help
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1) when did your grand mother die ?
2) had probate been obtained of will ?
3)who ate legal heirs of grand mother
4) issue legal notice to claim share in property
5) if they refuse to give share file suit for partition
6) contact a local lawyer
Hi, you have to file a suit for your share in the property.
2. If the other side definitely come with a defense that your grandmother has executed a will and virtue of that will he become the owner of the property.
3. But he has to prove the will, but as per above circumstances it is very difficult to prove the will.
It is not clear if they have a will in their favour or not. Be that as it may, if there exists a will in their favour then it is required to be probated. Without probate a will in Maharashtra has scrap value. You are free to file a lawsuit for partition to cull out your share in the property. If they have a will then they can claim rights thereunder in defence to your suit. The will may have to be challenged in the court if it is forged. You should conduct a title search through a lawyer in the office of sub-registrar to know the existence of will.
Any "WILL" needs to be probated in court of law. Please file a suit for Probate of Will and then the truth will automatically come out. For any will, there should be two witnesses and these witnesses will be questioned. also the signature of your grand mom can be validated by the court through Forensic Science Lab if you want it to be done. Now a days the FSL guys also report on the age of paper , age of ink etc on the documents in addition to validity of signatures. Hope this answers your questions
How are you concerned with this property? If you want to claim your father's share in your grandmother's property, then your father only can file a partition suit seeking his share in the property, let your aunt come out with the concept of a subsisting Will and the bequest made therein and let she prove the will before court of law. Your father only can stake a claim and not you during your father's life time.