My mothers siblings threating us to put stay order on property.
3 years ago
My grandmother (nani) was the owner of two property and she is having 8 kids. She wrote her will that after her my mother will be the sole owner of all the properties. My grandmother passed away 4 years ago and now my mother's siblings are threatening us to put a stay order if we try to do any construction on the property.
Can you please suggest if they can really do something like putting stay order or anything else against the WILL of my grandmother?
SATYENDRA KUMAR YADAV
Responded 3 years ago
So they can file a partition suit but
If your mother get mutation on said property then after they can't do anything
First you should get complete your mutation process the whole under which pasation?
If everything thing is in your favor you can take help of court
ARUN WIGHMAL
Responded 3 years ago
As per the facts stated by you, it should be noted that merely threatening to stay construction does not hold any sanctity before the law. You may seek probate of the will made by your grandmother from the competent court and get ownership of the property transferred in your mother's name.
BANDARU RAJYA LAKSHMI
Responded 3 years ago
Is the property of your nani is self acquired or ancestral property. If it's a self acquired she had a right to execute a will in favour of your mother. If it's an ancestral property she can't execute a will in favour of your mother. In the second case your mother's siblings has a right to approach court and they can get Stay order not to alienate the property and not to make further constructions on the property. And also they can pray the court to cancel the WILL.
Sushama
Responded 3 years ago
Made a civil suit.
Pradeep Naik
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since the will is executed in its sense no stay order could be maintainable. However it would depend upon the terms and conditions of the will.
Generally it depends upon the terms and conditions of the will, however, since will is completely executed, no stay order could be maintainable.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
It is very important that how the "WILL" was made and it was properly or not.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice and final advice can be given only after going through your case in detail .
Sourav Mukherjee
Responded 3 years ago
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