land and property complications due to lack of clarity in Will


Hello. My father was the eldest son of the family. He had two brothers and four sisters.sadly my father passed away. And so did one of my uncle. Now,according to my grandfather's will; a commercial complex built by my grandpa has been divided among the three sons as 40% to us, and 30-30 % to the other two. After my father passed away, we had no idea how much rent we must get. Uncle sends us an amount but that too is not fixed. Moreover we have come to know that he has allowed a buisnessman to build the first floor of the complex without our knowing. Now I am old enough to fight so please help

Answers (2)


436 votes

If your grandfather has made a Will and given you 40% of share then you are a legal owner of the said portion.

We suggest that you can file suit for declaration thereby seeking your share and also file an application for temporary injunction on the property which implies, the property remains as it and no construction can be made by buisnessmen.

109 votes

Sir, assuming the property was the self acquired property of your grandfather and assuming that he is no more, you have complete right to the extent of 40% in the property. If you are being denied your rightful share please take immediate steps to have the property partitioned and claim your share of 40%


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