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How to claim right in the flat


01-Aug-2023 (In Property Law)
Dear Sir / Madam, My Grand father made 2 will 1st will they given to elder son {My uncle} ( as per first will 100% property right will get elder brother, Will made in 2005) 2nd will is with my dad ( As per this will 50-50 % right given to both the brothers, Will made in 2007). Now situation is my uncle and Grand Father both are no more. (uncle left us around 6 years back and grand father left us 2 and half years back. Now My Aunty and their 2 sons not ready to give us right to enter in that home. When my grand father bought that property it was in slum now under SRA Scheme building has been developed and we are eligible for 1 flat located in Parel (Mumbai). SRA Flat is ready but due to our request builder is not giving key to my aunty. But with the help of political parties they forcing on builder to give the key. Please guide me on this and how can I claim our right in that flat.
Answers (4)

Answer #1
836 votes
Please note last will is always prevailing. For the said right you have to go to court. Court will give you permission to enter into house. For the same you have to file civil suit. For more details contact to any advocate
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Answer #2
753 votes
As per your query, the Will made in 2007 is a valid will. The latest Will prevails over the former Will. As the ratio is 50-50% accordingly both have an equal share in the said property. You can claim your right by filing a suit for the same.
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Answer #3
982 votes
You seek Probate of Will before Hon'ble High Court. Pending the Petition, you can take out Notice of Motion for interim relief by which you can seek the appointment of administrator till pendency of the Testamentary proceedings
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Answer #4
534 votes
Hello, the first WILL which your aunty is relying upon is to be challenged in the court of law. Are both the WILLS registered. The only option you have is to hire an advocate and challenge the WILL .
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