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New Construction on property mentioned in a WILL
01-May-2023 (In Property Law)
My grandmother left behind a WILL that was only signed by all my uncles and my father. None of the aunts had signed on that WILL. This WILL clearly states that a land (mentioned in the WILL) belongs solely to my father and other uncles. Can we now do a new construction on the land? Will it have any legal implications?
Who is the original owner of this land? The rights of your father's sisters have to be determined with reference to the antecedent title of this land. If the daughters of your grand mother have any legal share in the land then they may obtain a stay order against any construction on this land.
In the meantime you can apply for a probate of WILL. Probate is a judicial proof that the WILL is genuine. Your aunts will be issued a notice. If no caveat is filed and if they don't oppose, the probate would be granted. You can then carry on with the construction on the land.
In the meantime you can apply for a probate of WILL. Probate is a judicial proof that the WILL is genuine. Your aunts will be issued a notice. If no caveat is filed and if they don't oppose, the probate would be granted. You can then carry on with the construction on the land.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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