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Uncle's excluded father from grandfather's property, how to claim?


16-May-2023 (In Family Law)
My grandfather (GF) died in the year 2009, left with 5 sons and 4 daughters. He left with properties in his name and my grandmother (GM)’s name. My father was the eldest son of my GF. My GF suggested to my father to stay separately in another house due to family issues. We have not separated with anything legally, my father stayed in another house from the year 1995. In the Year 1997, my uncles (Father’s brothers) created a WILL mentioning that all my GF properties will go to only four sons excluding my father. That WILL is registered. My GF looking to our family conditions gave my father a non-registered WILL (plain paper) in the year 2008 and in that he mentioned that all his properties will go to my Father only. In the year 2011,my father passed away and now my uncles based on their WILL selling the properties and giving my GF properties to my father’s sisters. They also created a GM’s WILL in 2016 and mentioned that all the GM’s property will be taken by her 4 sons. Can we claim?
Answers (3)

Answer #1
516 votes
Let me know your religion whether you are Hindu, Muslim or Christian. Then after the question of I will explain. But you are advise to file partition suite immediately with a separate prayer to injunction
Answer #2
633 votes
Yes you can claim,in ancestral property all have their right in this property. No one can person sell the property without knowledge of all the shareholders and on the basis of will,power of attorney he cannot sale the property. 1st you can file partion suit in lower civil court as soon as possible.
Answer #3
605 votes
You can claim by title suit against all 4 brothers and their sisters.All civil suit takes time on pleading, evidence, cross exam, Arguments.All you have to wait with patience.Use plane paper will of your GM.

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