Property and Will-Power Query
3 years ago
Firstly, thank you for reading this.
I am having few doubts regarding how can I tackle the disputes legally.
Dispute:
We are from farmer Background. My Grandmother(Mother's Mom) has a property in our village which she has acquired from her late father. Now, that she has 2 children (the 2nd one being my aunt) is living along with her. And my mom lives in a city far away. I would like to mention that my Grandmother is illiterate. Now, taking advantage of that my aunt has made her sign a Will-power document making all land to herself after grandma's demise. And, unknowingly my grandmother signed it as she was told it is just regular papers. While my grandmother is still healthy, we got to know about this. Now, how can I tackle this and revoke the Will-power. Can you please guide me and do the needful.
God bless You !
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since your grandmother is still alive she can make a new will, which will automatically revoke the earlier one, however, will is always made for the self- acquired property, and not for ancestral property, as for ancestral property all the shareholders have equal share.
As your grandmother is still alive she can form a new will, which will automatically revoke the earlier one, moreover, will can only be made for the self- acquired property, and not for ancestral property, as for ancestral property all the shareholders have equal share in the property.
Your mother have ample power to take action against him.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
you can make new "WILL" also because grandmother is still alive.
But "WILL" can be made only for self-earned properties.
For the property grandmother got from her father is ancestor property and both your mother and aunt have equal share.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield)
Note - This is just a small advice and final advice can be given only after going through your case in detail .