Property share for daughter
Hi , My grandfather's Property is being sold to builders and is gonna be reconstructed
Along with my mom , my granfather had 3 sons and now one of them is late.
Problem : My granfather wrote a will of his house on his sons name.
And the property value is 80 Lks . If there is a genuine share , then my mom needs to get 20 Lks
But after a lot of discussion, we have agreed to have 10 Lks
But now they are not even ready to give a single penny
Is there a way , where we can hault the construction , which can help us in getting my moms money back
Asked 3 years ago in Property Law from Chennai, Tamil Nadu
1. file suit for partition in civil court to get share of ur mom by court order.
2.also file stay application with said partition suit and get stay order from court to hault construction .
Advocate, New Delhi
You can file a suit saying and will was owing to coercion and to partition the property equally among the heirs and get injection or attachment on selling the same
1)i presume it is your grand father self acquired property .
2) you have stated that your grand father left a will bequeathing property to his 3 sons .
3) as per will no share has been given to your mother .
4)you have not mentioned whether any probate has been obtained of will or not .
5)you can file suit for partition claiming your 1/4th share in property . in the event your uncles rely upon the will you can dispute genuine ness of will . apply for injunction restraining sale of property.
6) your uncles will have to prove the will . since suit will take years to be disposed of they may come for a settlement .
1. You have stated that your grand father made a will of his property in favour of his sons. Is it in favour of the son who is deceased, or was it in favour of all the sons? If it is in favour of the deceased son alone then who are the legal heirs left behind him? In the event he is not survived by widow or children then your mother and her surviving brother have an equal share in the property of your maternal grand father. If this be so, your mother can file a suit for partition to claim her share in the property. In addition thereto, she can also seek a stay against the sale of the property. If on the contrary he is survived by widow and children then none of his siblings including your mother has any share in the property of your grand father of which he made a will.
2. If the will is in favour of any of the surviving sons then he is the absolute owner of the property. Your mother has no share in the property if the will has been made in favour of any of her 2 surviving brothers.
3. If the will has been made in respect of the ancestral property then it may be challenged in the court by your mother. If your mother can prove that the property is ancestral then she will get an equal share in the property.
Presuming that the property of your grand father was ancestral your mother can file for partition in the court.
She is entitled to get 1/4 share in the entire property.
You can challenge the authenticity of the Will in the court.
You need to find out the reason for the turn around in the uncles' stand as at one point they were willing to give your mother her share.
Either they heavily rely on the Will or they have chanced upon the fact that the property was self acquired by Grand father.
Do engage a lawyer locally and file a suit for partition.
If there is a will, it has to be probated or a NOC is required from all the legal heirs to get the property transferred in the name of beneficiaries. Your mother can refuse to give a NOC and if probate is filed, contest the will. File a suit of partition and injunction from creating third party interests in the property. Your uncles might be induced to negotiate with you again.
Advocate, New Delhi
A. As per the executed Will that three sons will have share over the property if the nature of property is self acquired of your Grand Father. But we have confusion regarding how many children share has been clinched in the Will?
B. Genuine of a Will may be demonstrated by obtaining Probate.. Hence, probate is mandatory in your case.
C. In case deceased son share has been clinched in the Will that all legal heirs of the deceased will have share over the property.
D. Unless established your grandfather property nature is ancestral your mother will not obtain any share over the property.
Assuming that it is a self acquired property of your grand father and the beneficiaries of your grand father's WILL are his Sons only(including the legal heirs of the deceased Son) excluding your mother. Let your mother dispute the contents of the WILL taking the stand that her father was coerced by her brothers into writing the WILL in their favour only, denying the rightful share of hers. File suit for partition in Civil Court to partitition the property equally among all legal heirs and bring injunction restraining the sale of property.
Let your mother contest the contents of WILL and refuse to give NOC in favour of her brothers, in the event of her brothers filing for probate of the WILL.
When once your uncles come to know of this development, they will come to negotiating table resulting in your mother getting her rightful share.
1. Your grandfather has executed an will in favour of his three sons only leaving away your mother,
2. If no probate has been taken by your three uncles, the said will does not have any value,
3. File a partition suit and also an application under Order 39 Rule 1 & 2 praying for an injunction restraining your uncles to continue the construction till the partition suit is disposed of.
Hi, your mother has to file a suit for partition and separate possession of her share and your mother has also file stay the further construction in the suit schedule land.