LawRato

Ancestral property in Noida. Grandfather made Will. bua wants share.


14-Sep-2023 (In Property Law)

We have an ancestral property in Noida. It is in my grandmother's (82 years) name and my mother has share in it along with my uncle (chacha). My bhua also wants a share in the property. The will was made by my grandfather but wasnt registered. Over and above my uncle gave advt. in newspaper without our consent and mention his and my bhua's number in advt. It has become embarrassing for us as people in vicinity are asking us and we are not in favor of selling the house. What should be done now!

Answers (2)

Answer #1
538 votes
WITHOUT further delay file for immediate stay on this sale and later file a partition suit. Lets go step by step

On will : Your will is not registered , if you file for probation of will it will be challanged by chacha and bua , which is good cause the property does have your mother's name

On sale : Ideally chacha can not sell without concent of your mother but as he has given an advert with his name and your bua's name intent is not right here. Take a stay on this sale. You should fight for your share without delay.
Answer #2
603 votes
Assuming property to be self acquired property of grand father, Will gave property to grandmother, mother and uncle. Therefore, bua stood excluded and cannot sell any portion of the property. Uncle can transfer only his share. Therefore, mother and grandmother can file duit for declaration and injunction.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."