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Grandmother's acquired property seized by Aunt going beyond will
18-Jan-2023 (In Wills / Trusts Law)
Hi Sir/Madam,my grandma bought home in mumbai 23yrs back.My aunt(buwa)along with her family used to stay with grandma bcoz her husbnd didnt hav home in Mumbai.grandma stayed for apprx 4yrs and then died of cancer.before her death she made a handwritten agreement in front of all successors stating that aunt will only get a cupboard tv & fridge.& uncle(fufaji) should make his home in 1 year or 2 &leave this home.But unfortunately, they are still residing in the same house.The two major prob are:1.grandma's will is signed by all male successors but does not have witness sign.2.the said property(home)is going under redevelopment hence,the property has been auto transfrd to her.my elder aunt(buwa)is unknown of this auto transfer.i'd like to know if it is valid or not.&how can we get back the proprty.or else if my dad cant ask for his right,can we do as successors?Or else will is not needed for successor to ask for his right &can automatically get his right in property. thanks in advance
As per your querry ,
1. Checked-out the Agreement / Will , If Any what is the fact ?
2. Send a Legal Notice to your Aunt(Buwa) along with the name of family member & allegated all of them in the notice .
3. For additional information , Just Contact Lawrato for phone consultation fees , email consultation & paid nominal charges .
1. Checked-out the Agreement / Will , If Any what is the fact ?
2. Send a Legal Notice to your Aunt(Buwa) along with the name of family member & allegated all of them in the notice .
3. For additional information , Just Contact Lawrato for phone consultation fees , email consultation & paid nominal charges .
Helpful?
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Dear Sir/Madam,
For a will to be validly executed, it is absolutely essential that it be signed by 2 witnesses. In absence of the same, the will would not be valid in the eyes of law. In such a scenario, legally, the deceased shall be treated as having died intestate (without executing any will) and the beneficiaries/legal heirs will have to apply to the court for obtaining Letters of administration (whereby the court may declare that the living legal heirs are entitled to rightfully share the properties of the deceased).
Furthermore in pursuance to your other question regarding the auto transfer of property in the name of your aunt, you may kindly note that so long as there is no valid instrument of transfer (as can be gathered from your query) evidencing the transfer of property in your aunt's name, it is advisable that the beneficiaries apply to the court for obtaining Letters of administration.
For a will to be validly executed, it is absolutely essential that it be signed by 2 witnesses. In absence of the same, the will would not be valid in the eyes of law. In such a scenario, legally, the deceased shall be treated as having died intestate (without executing any will) and the beneficiaries/legal heirs will have to apply to the court for obtaining Letters of administration (whereby the court may declare that the living legal heirs are entitled to rightfully share the properties of the deceased).
Furthermore in pursuance to your other question regarding the auto transfer of property in the name of your aunt, you may kindly note that so long as there is no valid instrument of transfer (as can be gathered from your query) evidencing the transfer of property in your aunt's name, it is advisable that the beneficiaries apply to the court for obtaining Letters of administration.
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Adv. Rupali Awati
Pune | 25+ Answers
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i have not understood properly, i need to speak to you in the matter, Kindly contact me.
i have not understood properly, i need to speak to you in the matter, Kindly contact me.
i have not understood properly, i need to speak to you in the matter, Kindly contact me.
i have not understood properly, i need to speak to you in the matter, Kindly contact me.
i have not understood properly, i need to speak to you in the matter, Kindly contact me.
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Adv. Rashmi Nilesh Parmar
Mumbai | 100+ Answers
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First thing is this that, since your grandmother has died without executing a proper will (died intestate), all her descendants become owners of the property in shares which I can explain later on.
On the other hand if the will is valid then accordingly, I will require to read the contents of the will. If the will has an executor, then the will can be probated. Then you and your father can claim the property.
Otherwise you can do the following:
1. Issue legal notice to your aunt and others;
2. You can approach the court and file a suit;
On the other hand if the will is valid then accordingly, I will require to read the contents of the will. If the will has an executor, then the will can be probated. Then you and your father can claim the property.
Otherwise you can do the following:
1. Issue legal notice to your aunt and others;
2. You can approach the court and file a suit;
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Adv. Gowaal Padavi
Mumbai | 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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