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Property dispute between me and dads younger sister.
09-Sep-2023 (In Property Law)
This is a self earned property by my grandma not ancestral. 5yrs back my grandma shared the 15acres between her, my dad and dad’s sister, equally. My grandma wrote a will stating that till my sister gets married the property of 5acres which will be in dad’s sister name. For my sister wedding if it is necessary we can sell the property that is in dad’s sister name, we did use the property of 2.30 acres for my sisters wedding. After her wedding the remaining 2.70acres should get transferred from my dad’s sister name to my dad if he is live else me as per will, since parents are not there it should get transferred to me, but she did not do it. Can I ask her now? But the will my grandma wrote is not with me, may be the will is with the lawyer where we done the agreement. Is it compulsory to have a will that my grandma wrote to claim the property?
Grandma WILL is the basis for all your claims. You may enquire with the lawyer who prepared the agreement and obtain the same for your reference. If not found with your lawyer, you may look into the sale deed whereunder your dad's sister has sold 2.30 acres which would have the details of the WILL. If it is a regd. WILL, you may obtain the certified copy from the Sub-Registrar. It is necessary to have the WILL to claim the property.
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Adv. G M Paramasiviah
Bangalore | 25+ Answers
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Well if there is such conditions in the Will executed by your grand mother then it has to be complied. You contact the lawyer and read the Will properly and contact advocate to ask for your share from your aunt . If she doesn't listen then you can send a legal notice to her. Meanwhile the property can be used for your sister's marriage as per your grandma's Will and what is next part of the Will says. Does it is say that the remaining property has to be transferred to your father's name in absence of your father or fails to claim his right in himself time then whom should it go ? Go through the Will properly to know your right contact advocate
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Your question is not clear. For proving will, original will is necessary. without reading the recitals of the will, it is difficult to give correct opinion.
But, still as per the description you have given, I am, of the opinion that, your father had the right to sell the property at the time of wedding of your sister. More than that, your father had no right. So your father's sister is justified in denying to transfer the property to you.
But, still as per the description you have given, I am, of the opinion that, your father had the right to sell the property at the time of wedding of your sister. More than that, your father had no right. So your father's sister is justified in denying to transfer the property to you.
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Adv. Anoop Gopalrao Deshpande
Hubli | 25+ Answers
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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.
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