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Brothers claiming right over house transferred to me by Will
10-Mar-2023 (In Property Law)
Religion -Hindu. We are ä Joint family. My grandfather wrote ä vasiyat nama of house we are residing in. G.F of house is completely built has two portions - one Portion is resided by 3rd son+his family, 2nd Portion is resided by 4th son+his family. 1st Floor is partially built, has terrace and is resided by 1st son and his family. There is nö other Floor. 2nd son is clearly separated out in vasiyatnama. I am son of 1st son and reside on 1st floor. Grandfather passed away in 07, grandmother in 16. The exact lines of vasiyatnama says "Malikana haq of this House is with me (grandfather) till I am Alive, After my death malikana haq is of my Wife, After Wife malikana haq is of 1st,3rd and 4th son. Both Grandparents lived with and were being looked after by 1st son (My Fäther).Grandmother separately wrote that post her death 1st Floor belongs to 1st son and no Claim can be made by other two sons (signed by her but not legalised) 3rd & 4th son now claim on terrace of 1st Floor, PL. Advise.
Do you got registered the will and get sanctioned the mutation or if in city got the registration in nagar Paris had or nagar palika if such thing is done than you can file civil suit one other thing is it was your grand father's self acquired property than they can't claim according to will
Helpful?
23+
23+
Adv. Anil Kumar Beniwal
Sirsa | 25+ Answers
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As per your information provided:
Your grand father already provided the layer for malikana haq, means after your grandfather your your grand mother had the malikana haq in to the property but she was mutely restricted to sell/ispose/disburse the property by providing the second layer of son's malikana haq after your grand mother accordingly, the true owner(your grand father) in his will has given the second layer of his son's malikana haq hence your grand mother was like a trusty accordingly she can not make a will for milikana haq but you are suggested to continue insisting and claiming as the word "malikana haq" was used in will for your grand mother, she had an exclusive right in the property and can not be challanged by the malikana haq she was authorised to dispose and disburse the property as she wished, second layer was mentioned in case she dies without will.
Registration of will is not necessary, in case dispute you have only to prove the will was prepared in sound mind and signature was done by her without coercion.
For any further query provide me more details so as I can give precise reply.
Regards/Advt. Shravan Kumar
Your grand father already provided the layer for malikana haq, means after your grandfather your your grand mother had the malikana haq in to the property but she was mutely restricted to sell/ispose/disburse the property by providing the second layer of son's malikana haq after your grand mother accordingly, the true owner(your grand father) in his will has given the second layer of his son's malikana haq hence your grand mother was like a trusty accordingly she can not make a will for milikana haq but you are suggested to continue insisting and claiming as the word "malikana haq" was used in will for your grand mother, she had an exclusive right in the property and can not be challanged by the malikana haq she was authorised to dispose and disburse the property as she wished, second layer was mentioned in case she dies without will.
Registration of will is not necessary, in case dispute you have only to prove the will was prepared in sound mind and signature was done by her without coercion.
For any further query provide me more details so as I can give precise reply.
Regards/Advt. Shravan Kumar
Helpful?
15+
15+
Adv. Shravan Kumar
Gurgaon | 25+ Answers
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