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Query pertaining to the Claim on the Will and Katha in property
20-Sep-2023 (In Property Law)
Sir My name is Collin Fernandes and I'am writing this mail on behalf of my wife Linda fernandes. The question three children they father made a will he died in 1936 after his death the will was excuted all three children got equal shares one daughter sold all her shares and landed in her brother house brother migrated .now her children are claming on the grandfather will again after eighty years when the will was already excuted in 1936 point 2 the same children want to claim they mother brother property the Katha is in his name can this be done so all I want to know is two points Point1 Can a will be claimed twice. after eighty long years. Point2 Can thery claim they Uncle's property when the Katha Is in his name and he's expired.actually I have no say in this property my wife Linda has a share and i told her from time to time they cant claim on both points but my wife is so stupid.keep in contact whattaap.
Sir,
As per your information, the WILL is executed in the year 1936 and the property divided equally among the children. Here once the share is allotted then the person will be the absolute owner to their share. Her daughter sold her share. Now her children do not have the right to claim over the share of the other person to the aforesaid WILL.
WILL Can be claimed twice depending upon the Circumstance of the case. But in your case the Share is not disputed by the bequeaths then it presumed that there is there is no dispute. Once again the grand children cannot claim.
Moreover their mother already transfered her share. These children have the right over the share of her mother only not on others share who are already in settled possession.
Apart from that there is a latches by delay.
As per your information, the WILL is executed in the year 1936 and the property divided equally among the children. Here once the share is allotted then the person will be the absolute owner to their share. Her daughter sold her share. Now her children do not have the right to claim over the share of the other person to the aforesaid WILL.
WILL Can be claimed twice depending upon the Circumstance of the case. But in your case the Share is not disputed by the bequeaths then it presumed that there is there is no dispute. Once again the grand children cannot claim.
Moreover their mother already transfered her share. These children have the right over the share of her mother only not on others share who are already in settled possession.
Apart from that there is a latches by delay.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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There is 30 years limitation period to file civil suit pertaining to the property at court. Hence, from your narration it seems the limitation period is already expired. Please contact us with the property documents for further clarification.
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Adv. Rajesh K.S
Bangalore | 500+ 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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