Family Property Distpute


My mother has 5 brothers and 1 sister. Her father has died and left property(land) Her father had also 2 brother. So property was divided in to two parts. One share was of her father and one was for her uncle.Her uncle had no sons and no daughters. Her uncle also died .My maternal uncle took thumb impression of the wife of my mother's uncle on a will at the time of her death. .The will gave property to my maternal uncle's sons and daughters .In Will my mother and other sisters were excluded. My maternal uncles have refused to give share to my mother and other sisters in ancestral property. My maternal uncle are selling the property both of their father and their uncle and building big houses, purchasing costly cars but their sisters are poor. Can we claim on property of my maternal grandfather and on the will which excluded sisters? And what about the property that has been already sold by my mother's brothers.

Answers (1)


90 votes
You can certainly challenge the WILL that was fraudulently obtained by your maternal uncle.

Once the will is challenged you also need to move the court to get the property partitioned properly.

You can also file a petition along with the above obtaining a restraining order or a stay preventing the uncle/s from alienating or creating any third party rights.

Of the properties that have been already sold too you can move the court to be adequately compensated to accommodate the extent of the value of your share.

Your mom should be the petitioner in all the applications.

Engage a lawyer locally who can assist you.


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