Can claim share in the 2nd property if already given property by Will?


My grandfather had 2 properties. My father had in total of 7 cousins. 8 children in total. For 1 of the property my grandfather left a registered Will in which he gave the property to 3 children including my father in it. Now regarding the 2nd property there is no Will that we know of and one of our uncle is in possession of the same and saying that the property belongs to him.

I wanted to know if my father can claim share in the 2nd property or not, on the fact that he has already be given property through Will. And how can we get the property given to us by Will?

Answer

With regard to first property wherein your grandfather has left a Will, you should apply for probate.

Once you file a probate petition , court will issue notice to all legal heirs. Now, if there is no objection , the probate will be granted within 1year. However, if there is an objection then it might take a little longer time and approximately 2-4 years.

In case of your second property, if there is no Will, then the property will devolve upon all legal heir equally. Further, you can file suit for partition thereby demanding your share.

We suggest you to consult a local lawyer, who can advise you better after examining your documents.


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