• Grandfather's will to his kids where my mom is one of them

Dear Sir/Madam,

My grandfather had written will before his death to all his 7kids in which my mother is the 5th kid among them. Whereas now almost thirty years past my mother has not transferred that property to her name whereas my grandfather expired after 2year s of writing the will. Now my mother is a patient and I don't want the property to her brothers and sisters who are trying to cheat because she is ill. I am now 27 year old (daughter). Need your suggestion and guidance 1) Can I get the will transferred to my mothers name and what is the procedure. 2) Also unfortunately my mother is a neuro patient hence did not even pay any tax on those properties to government till date. But I am now ready to pay the amount of tax to the government. I have a younger brother of 21year old who is very inactive and not educated and bound to get cheated from my uncles and aunt. Before something wrong happens as my mother is also serous in her health wise I wanted the property of hers to be saved so that, it will help me my brother and my ,mother.
Important changes in between which happened recently is that in the will only little portion was given to the girls of 3 and 4 boys got big partition  in the will written by my grand father. whereas recently past 10 years my augnt(elder sister of my mother) put a case in the court and now the judgement has come stating that the property in the will other than the gifted ones of girls has to be divided in 7 portions equally. But my aunt is very selfish now stating she faught in the court and won the case and will not allow my mom to take the partion.

Just small summary.
My grandfather has 7 childrens - 3girls and 4 boys.
will was written to all 7 but gifted small portions to all three daughters  as marriage expense. Rest around 90% property was dived to all 4 sons .
Now as I said above after my aunt faught in court for 10 years now th judgement has come that partetion as to be done equally for all 7 children and in the the gifted property of females given as gift will not be divided.
Asked 4 years ago in Property Law from Bangalore, Karnataka
1) it appears that will executed by your grand father has been challenged by one of the legal heirs namely your aunt and court has passed orders for equal division of property . 

2))once court has passed order for partition of property your mother is entitled to 1/7th share in said property . 

3) based on court orders partition of property would be done by metes and bounds. 

4) there is no such  law for transfer of will in your mother name . your mother was one of beneficiaries of the will which was challenged in court . 

5) arrears of tax can be paid with interest .

6) it is necessary to go through the will , suit filed by your aunt , orders passed by court to further advice . 

7) contact a local lawyer .
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

From your description I can gather that your grandfather's will was challenged by your aunt and got a favorable order from the court to divide the property in 7 equal shares.
Accordingly even if your aunt does not want to help your mother is entitled to an equal share in the ancestral property.
Therefore when the partition will be done again as per court order your mothers share will come to her.
After your mother's death the property will devolve equally between you and your brother.
You may contact a lawyer locally so that he can get a copy of the Court Order and the petition moved by your aunt and advise you appropriately and help you taking further necessary steps.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

1) your aunt cannot arbitrarily put fence and take road side portion of the property . 

2) generally when partition is to be done commissioner is appointed by court for division of property by metes and bounds . 

3)from additional facts stated by you it appears that court has upheld gifts made of immovable property of 5  acres in the will of your grand father . 

4) your mother will have to move court if she wants partition of 5 acres of land equally and for demolition of fence erected by your aunt
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

She can't put a fence like this and take a road died portion of the property.partition is to de done by the commissioner appointed for the same to divide among the heirs.the court will give equal share to all.you will devolve the same after your mother death onky
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

1. No. Your Aunt can decide vwhich portion of the undivided land will be acquired by her,

2. The property will be divided exact;ly as mentioned in the Will by the commissioner to be appointed by the Court, if you file a partition suit claiming your share of the property,

3. Her fighting the case for a long time does not entitle her to get better portion of the said land,

4. File a partition suit immediately before the local court.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

1. In terms of the will your mother along with her other siblings has an equal share in the property of her father. The elder sister of your mother moved court for culling out her share as it must have been preceded by disagreement between her and her siblings with respect to the division of property. So the court ordered division thereof. 

2. The share of your mother is 1/7th in the property. She can move the court for protecting and culling out her share. Your aunt cannot claim the share of your mother. If your mother is due to health reasons or otherwise unable to attend the court hearings then she may execute a power of attorney in your favour whereby and whereunder you may attend the hearings on her behalf.

3. The court has already ruled that partition is to be done equally which implies that your aunt cannot claim a share greater then the share of your mother.

4. Will cannot be transferred to your mother. The only thing your mother can do is enforce what has been articulated in the will. To do this she will have to, as mentioned in the second para of my reply, file a case for partition.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. The property has to be divided in the light of what has been articulated in the will. Your aunt cannot decide how it will be divided. The land that has been given jointly to your mother and aunt has to be divided equally between them. Will made by your grand father will remain sacrosanct.

2. Your aunt cannot unilaterally put a fence in the property unless it has been divided. 

3. A clear picture would emerge only after the will and the court order are perused. Meet a lawyer in this regard.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

A. As per the Will and Judgment of the Court, all 7 children have got equal right over the property except gifted portion property.

B. As per the court order that property unequivocally partitioned by metes and bounds.

C. Your aunt cannot put fences on road side situated property. It should be demarcated and identified by the commission who is appointed by the Court. 

D. Collect the Original certified copies of the judgment, and submit before the local authority with Will for mutation process to your mother’s name.
B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

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