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
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 10 years ago in Family Law
Religion: Hindu
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7 Answers
Already done sir, name of my mother entered in municipal office and other department including my name and my brother name on behalf of my grandmother and my late father, i just want to know whether my uncle can create problem or not
Asked 10 years ago
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 .
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 sir my grandmother's WILL is registered by registrar and the house belong to my grandfather so how can be the WILL is illegal...in 1989 my grandmother agreed to remove her name but her name was not removed till her death.. it was only a family settlement also in agreement it was written that she is allowed to go to court in case no expenses paid to her.
Asked 10 years ago
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.
Sir please download doc from given links https://www.dropbox.com/s/c5f3nkh1jhbwx8w/Family-Settlement.pdf https://www.dropbox.com/s/81j7pe7bpwoagp9/WILL.pdf also Ashish Sir please check you mail
Asked 10 years ago
I have replied to your e-mail.
unable to down load docs . in any case mr davessar has replied to your email
contact a lawyer personally
