Disputed Property

POSTED BY rohan aggarwal ON June 15, 2013 11:44 pm COMMENTS (7)

1.I want to share a problem regarding a disputed property . My grandfather owned a house in delhi where we all resides . The property is on the name of him .He owned this property from his own earning . He has 3 sons , out of which eldest one has deceased . 
2.After grandfather’s death , his will came in notice (THE WILL IS UNREGISTERED ), where he has mentioned all the movable and immovable property will belong to my wife and she will be the exclusive owner of all . A clause was mentioned in will , if my wife deceased prior to me ,then the distribution of the property will be equal among family of 3 sons . But my grandmother is still alive . and she wanted to get the property on her name and take the title of the house . 
3.The will was written in 2000 and grandfather deceased in 2009 . during that period of time , several disputes happened between eldest son family and grandparents . Due to negligence and carelessness my grandfather dint made any changes in the will during his life .The Will is also in the notice of eldest son family and they dont want to get property transfer done on grandmothers name . Now for getting property on her name (Mutation and transfer ) what should we do as the property is disputed .
4. We have consulted many advocates in delhi and  everyone comes out with different solution . Don’t know what to do now.
5.Please help me out in this problem , will be highly grateful to you .Hoping for a positive feedback. 
Regards  

7 replies on this article “Disputed Property”

  1. rohan aggarwal says:

    Thank you Bharat Sir and Ashal Sir for your precious revert .
    Now seeking for some good lawyer to execute and probate the will .

    Regards

  2. bharat shah says:

    @Ashal
    i think , the will is in favour of the grandmother till she alive , and in favour of 3 grand parents’ sons in case grandmother passed before grandfather.
    any way, probate from the authority is required for the ‘will’ , which will take 6-7 months time or even more , if the deceased son( of grandparents ) ‘s family raised question about its authenticity in the court. as the deceased son( of grandparents ) ‘s family lives there, getting vacant it is another issue. so the advice by the advocate mentioned seems right. moreover, as grandfather mentioned his wish that in case of absence of both grand parents the property to be distributed among 3 sons’ families , provided if the deceased son is one of these 3 sons , vacanting of deceased son family is not easy, as i think. one more thing i like to point out that verifying the will for its technicality e.g. the two witnesses of the will maker , the executor etc. , as it is unregistered. you may see if you all including deceased son’s family resolve for the will with some benefits to deceased son’s family. in that case, the things would be simpler and less costing, i think.
    with this advice, you should be clear that you must seek help of local advocate , as Ashal advised .

  3. Dear Rohan, be ready for legal fight. As the will in the name of your own wife, I do not see any valid reason to got the property registered under your grandmother’s name.

    Please start proceedings for the probate of WILL.

    Thanks

    Ashal

  4. rohan aggarwal says:

    Thank you Bharat Sir , for your reply !
    We have consulted many advocate in delhi and everyone came out with different solution .
    First solution :-
    visit magistrate office to get probate for will(which might take 6-7 months) , then during that period file a case against Eldest son heirs for creating obstruction and to disown them from the property ,and to vacate the floor on which they are living , because eldest son family lives on 2nd floor !
    Other Solution- several time court fees has to be given , few thousands to get probate done ,and many other litigation .

    Request some legal expert to bring some light on the matter .

    Regards

  5. bharat shah says:

    as i think , as the property is in Delhi, the probate regarding’ will ‘ is must , irrespective whether it is registered or not. and so mutation is out of place. so advocate’s help is required.if the concerned court finds the ‘will’ authentic after hearing all concerned , it will issue probate . with the help of the probate ,, the said house could be registered in your grand mother’s name. then she can make ‘will’ as she thinks fit. however litigation is expected from the dead son’s heirs for authenticity of the ‘will’ .

  6. rohan aggarwal says:

    thank you Ashal Sir, for your reply !

    The Reason is that , grandmother doesn’t want to give any share of movable and immovable property to the family of eldest son . And she wants to settle all the things in her lifetime. so that she can leave her will ,according to her desire !

    Regards

  7. Dear Rohan, you like it or not but the litigation is bound to happen in this case. So be ready for that. I’m unable to understand why your Grandmother wants the property to her name where she is also in her last years of life?

    Can you throw some light on it?

    thanks

    Ashal

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