• Sale of undivided share in property

In year 1989 a family settlement was done on 10 Rs stamp Notary between my father and  uncle, In which my grandmother agreed for only monthly expenditure for her expenses received from my father and uncles and her name should be removed from property and in case if no expenditure is paid she will be free to go to court. Also grandmother will be given a room to stay.

	In 2002 my father was expired and my uncle started created problem and torturing us and my grandmother (his mother) and stopped to give her expenditure; I and my mother look after her so in 2009 my grandmother made a WILL (with NOC and witness of my father’s sister) in which she has given her 1/3rd share in property to my mother. So mother became owner of 2/3 and remaining 1/3 goes to uncle. In 2011 my grandmother died due to cancer and I did all the funeral related works. After her death possession of her room taken by us.

	Now my uncle again started hindrance and creating problem for us to stay in house as they said that grandmother was agreed for removing  her name from property so how she can create a WILL and refused to agree her WILL.

	We want to sale our 2/3 undivided share(without asking to my uncle). So if there is any problem after sale, if so then how resolve that problem. Also note that after family settlement in 1989 grandmother  name was not removed from Municipal Office and other department till my grandmother’s death.
Asked 3 years ago in Family Law from Varanasi, Uttar Pradesh
Religion: Hindu
first u have to get entered the name of  mother on behalf of will then only u can sell your share with your grand mother share i.e. 2/3 part
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
apply for probate of will .your uncle can oppose grant of probate if he so desires . probate is judicial proof that will is genuine 

the  deed of family settlement  signed by your garnd mother , father and uncle is on Rs 10 stamp paper . it  is understamped and not registered . it is in admissible in evidence .
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Without vetting the will and the family settlement it is not possible to give a concrete reply. However, on the basis of facts furnished by you, the will by your grand mother in favour of your mother, it seems, is illegal on account of the fact that your grand mother ceased to be the owner of this property in 1989. On this premise, your mother's share is 1/3rd and not 2/3rd, which she can sell after the property is divided in accordance with the law. You or your mother may file for partition in the court against your uncle.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Registration of will does not serve any purpose if the person making the will did not have any right in the property in respect of which the will is made. Your grand mother's name may not have been removed from the record, but as per your own statement of facts she had relinquished her right by way of the settlement deed executed between her and her children. If the instrument itself is a comprehensive declaration of the legal rights intended to be created and has been executed in accordance with the procedure prescribed by the law then she ceased to be the legal owner of the property as soon as she signed or affixed her thumb mark thereon notwithstanding the fact that it is not registered. This is why I suggested you to get the instrument vetted by your lawyer.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
I have replied to your e-mail.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
unable to down load docs . in any case   mr davessar has replied to your email
Ajay Sethi
Advocate, Mumbai
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contact a lawyer personally
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0

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