Property Will overwritten by manipulation
26-May-2023 (In Property Law)
After my grandfather's demise, the house which we are residing in was decided to be partitioned and my grandmother registered a document in which it stated that my mother (one among three children) holds 50% rights on the house and the other 50% for my grandmother. For the 50% that my mother holds, my mother gave her brother their share by calculating the rate of the house, during the time of partition. My grandmother also wrote a will stating that after her demise, my mother who is taking care of her since grandfather's death will hold complete rights over the property. But recently, one of my mother's brothers took my grandmother to his place and took control over all her finances. He took away her FDs and also the will, and manipulated grandmother to write another will which stated that all her children will hold equal shares over the property(house) and that the FD and the jewelery that she holds will be for the brothers. Can we take any legal action against this ?
Unless and until you can prove that the second Will was obtained by undue influence nothing can be done. If you have proof of payment to the brother it will be in your support. I understand that your mother has fifty percent of the property through the registered document mentioned by you. You can initiate legal action if you have sufficient proof.
1. Is the property ancestral or self acquired? if self acquired, who bought it? and who has the title of the property while purchasing.
2. As you have mentioned that your uncle had made your grandmother to write an another Will of your grandmother's 50% share on the property, then the Last Will prevails.
3. Is your grandmother alive? if so, where and with does she reside now?
4. If your family members have partitioned already, and your mother has paid some amount for consideration. then your uncles can't challenge it.. And do you have any evidence supporting your mother's amount transactions?
5. Anyhow you can challenge the Will in competent court, but before concluding that, could you share your property details.. like survey number or any document that you have?
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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