Legal consequence when grandfather transferred the property to uncle


Sir,my father has 4 brother he is in tension because my grandfather has written his land property to one my father brother son means (grandson) without the permission of my father or my father brother and now he is claiming that it was his property .what we can do


Answers (1)

The facts are not clear. What is his religion? If he is a Hindu, whether he belongs to mitakshara and marumakan. What is the status of property in the hands of your grandfather? So the answer will differ from one facts to other facts. Legal positions cannot be answered without complete facts.

For the sake of discussion, if the grandfather inherited property from his father or ancestors then huf law applies, and after his death to all children in equal shares male and female, and in those cases where the child to inherit dies then the relevant grandchildren in equal shares male and female. If the property is earned by the grandfathers own money then the grandfather can leave it to anyone he pleases by his will and the person mentioned will get the property. You or your father has no right over that. No one has any rights to the self acquired property of any one! If it is mentioned in the will, then person mentioned gets it.

However, if your father wants to challenge this will, that can be done if there are suspicious facts involved:
(i) The deceased was not competent at the time the will was signed.
(ii) The will was not executed according to the laws of the state.
(iii) The will is a fraud or forgery.
(iv) The will was changed shortly before the deceased passed away from a prolonged health problem.
(v) The will is inconsistent with the deceased’s beneficiary designations in a way that favors one particular heir.
(vi) Someone exerted undue influence over the deceased, affecting the distribution of assets. Not all influence constitutes undue influence. Typically, there must be a coercive element.
(vii) Lack of knowledge or approval- that the testator did not, in fact, know what was in the will when he signed it.

Tips for contesting will
(a) You must have a solid ground for contesting the will. By solid ground, it is meant that there must be elements of fraud, coercion, undue influence, suspicion present in the will.
(b) Take actions as soon as possible. Once the will has been executed as per the clauses of the will, it becomes a difficult task for the court to administer or facilitate the redistribution of property. Therefore, if you think the will needs to be contested, do it quickly. Do not wait for a long period.
(c) Any person who has possession of a property has a huge advantage.
(d) Consult a good legal advisor. Do not depend upon hearsay. Good legal advice is the last thing which you need in critical matters like these. One wrong advice can shake the whole ground!


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