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Right to claim of an equal share in ancestral property
07-Aug-2023 (In Property Law)
My great-grandfather has a dispute with his brother and went to the court to settle the dispute. That case has been settled and my great-grandfather got his share. My great-grandfather has written a will according to which my grandfather and his sons(i.e my father and his brothers) has equal right. My grandfather has written a will according to which property has not been divided equally. One of my uncle (i.e my father's brother) is trying to change his property share to his name. Is it possible to do without my father's concern/sign
As per your statement it is clear that your grand father wrote a will for giving the property equally among his children . If that will is available you can ask your father to file a suit for probating the will in the court which has jurisdiction in this matter.
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Adv. G. Asok
Chennai | 200+ Answers
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A person can make/write down a will as many as he want. i mean to say your grandfather can modify or write a new WILL of his choice. Only the last subsisting WILL before the demise of the person (grandfather) will be treated as a valid WILL. You have not made it clear whether your grandfather is alive at the moment. To put it simple WILL is just a piece of paper during the lifetime of the author. The WILL become alive and valid on the demise of the person who have authored it.
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Adv. GP Vijay
Chennai | 200+ Answers
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Any court will act only according to the testator's wish as reflected in the Will. The testator's intention shall be supreme. Your uncle cannot unjustly divide the property bequeathed under the Will to the detriment of other legatees's interests.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Well normally he cannot do that. But you have to find out on what basis he is trying to change the property. I need to see all documents for exact reply. Kindly contact me if u want to know further details.
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Adv. Manoj Raghuram
Madurai | 100+ Answers
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