Can grandfather transfer property to uncle through will

My grandfather has a property which he purchased in 80's its not an ancestral property. my grandfather has 2 sons and 3 daughters, 1st my aunt1 who got married and had two sons, but she is no more and her husband married again and has one son and one daughter, the rest include my uncle who has no child, then my father who has two children me and my sister, then my aunt2 Who has 1son and two daughters, then my aunt3 who has 1son and two daughters. Now my grandfather has willed all the property to my uncle who is transferring it to someone else, what can I do?

Answers (4)

224 votes

You can challenge your grand fathers Will. That is the only option available to you. If the property is self acquired property he can Will it to anyone he chooses. However, your uncle cannot transfer the property unless it is in his name, so if o grandfather is still alive, file a suit to restrain your uncle from transferring it.

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236 votes

If the concerned property has been purchased by your grandfather out of his own earnings, it is his self acquired property and he has full rights to bequeath that property to anyone he chooses and such a person will become the absolute owner of that property and he can sell it further without any hindrance .
However, you can explore to challenge the said will and it's validity on various grounds . For that you have to file a civil suit and obtain a stay order on the sale of the property from the court as soon as possible because if the property is once sold then you have to make the future buyer too a party and it will complicate the matters even more

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226 votes

as this property is not a ancestral property so your grandfather has right to disposed off as per his desire/will and no body has right to object on his decision. but if any one has established this facts that he has maintained and some amount has been expand over the maintenance or help him

133 votes

If your father had executed a will in favour of your uncle, he will entitle to take over all the properties. But the Will doesn't transfer the wholly until and unless it is confirm by the the competent court. Your uncle has to file a probate case and I he won then only he can transfer the property to anyone else. We have to see whether the will is registered or not. What are the contents of the Will? After appreciating all the facts. I can suggest you. Revert me. All the best.

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