• Share in ancestral property

Sir, my grand father had purchased house  property in dharwad karnatak in 1960 in the name of his 3 sons and 1 daughter. 2 of his sons (my uncles) are staying in tthe property and part of the property is rented out, one of my uncle collect rent.
I claimed for my father's share on which my uncle who is staying there showed me my grand father's Will. The will is not a registered Will, and my father had been provided with small portion of the property in that Will.

I believe the Will is fake and I want equal share of the property. What can I  do to get our share legally?
Asked 1 year ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) file suit for partition in dharwad where the property is situated for division of property by metes and bounds 

2) your uncle will have to prove that will was executed by grand father . 

3) your father had one fourth share in property as it was bought in joint names 

4) at most grand father could have bequeathed his share to uncle 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
45474 Answers
2672 Consultations

5.0 on 5.0

1. Your just  believing that the will is fake is not enough, you shall have to prove the will to be fake and manufactured.

2. Has grant of probate been availed from the Court by your said uncle? If not then the said will does not have value more than a scrap paper.

3. File a partition suit claiming your share of the property and at that time it will be exposed whether the will is genuine or fake since he has to prove the genuineness of the will with the deposition of the witnesses of the said will.
Krishna Kishore Ganguly
Advocate, Kolkata
18467 Answers
448 Consultations

5.0 on 5.0

First of all you cannot fight for a share in the property

Your father alone has rights to claim a share out of his father's property .

He can file a partition suit before a civil court seeking his share in the property as per law and separate possession of the same 

If there is a will it is the responsibility of the holder of the will to prove it. 

Your father can challenge the will while his brother is trying to prove the same. 
T Kalaiselvan
Advocate, Vellore
35643 Answers
386 Consultations

5.0 on 5.0

The registration of a will is not mandatory. However, if the property had been purchased in favour of his children by your grandfather then he had no competence to execute the will as he was not the title holder. You can file a suit for declaration of title and also recovery of possession against the other heirs. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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