Acquisition of my ancestral property Acquisition of my ancestral property

2 years ago

My grandfather has written a will for his property on my father, my uncle and aunt.my father died without changing his share in to his name.my uncle family has occupied and claiming the entire property and refusing to vacate.As a legal heir of my father myself my sister and my mother how will we claim my father's share on the property.my grandfather has written a will on November 2011 and got registered it.my father died on this jan 16th 2021.my uncle's family has occupied the entire property since my grandfather's death and claiming the entire property now.please guide us how we can get my father's share.Do we get our father's share as per the will?

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.The Will until and unless probated is of no value and in such case the property devolve upon the legal heir and heiresses of your grandfather. You can obviously claim your deceased father's share by issuing legal notice for Partition to other Legal Heir and heiress of your deceased grandfather by executing registered Partition Deed and if they fail to do then you can file Partition Suit and at the first instance can get status quo Order preventing the change of nature and character of the Property.
If you wish to make that Will probated and if there is any Executor named therein,then you have to request that Executor to file Probate Matter in Court,otherwise any of the Beneficiaries will have to apply for Letter of administration with the Will annexed. If the Will doesn't have any terms regarding the consequence of death of any of the beneficiaries,then it shall be presumed that the deceased beneficiary's legal heir and heiress shall get that share of the deceased beneficiary.
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Abhimanyu Shandilya

Responded 2 years ago

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A.You should along with your uncle get the will probated and then you will rightfully get your share (your father's share). Hire a good property lawyer to get the will probated through the court.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aapne vashiyat ka jo jikar kiya hai ye nhi bataya ki vashiyat kis ke fevar me kiya hai।
Yadi vashiyat सभी vaarshan ke hak me ki gai hai tab sabhi uttradhikari barabar ke hakdar honge ।
Aap apna hissa prapt karne ke liye court me case file kare।
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Anik

Responded 2 years ago

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A.Hi,
Your uncle cannot claim the entire property for himself. The legal heirs of your father (deceased) also has a share in the property. The legal heirs can approach the court with a partition suit to get their share allotted and partitioned. The share of the legal heirs will be as per the share allotted to your father in the will.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Since your grandfather had enacted a will in favour or your father, aunt and uncle, all of them have equal shares in the property. The legal heirs of your deceased father can move the court to get the land partitioned and get their share in the property willed to your father.
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