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Author Topic: Help and Opinion Regarding ancestral property  (Read 659 times)

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Offline Krishna_gaura

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Help and Opinion Regarding ancestral property
« on: October 30, 2015, 08:15:15 PM »
Friends,

I have a property situation here, and I want your advice and what route I should take,

My grandfather brother, owns a piece of land, and he doesn't have any children. He expired in 1980, and his wife(referred as my grandmother here) expired in 2015.
Since they didn't had any children, they entrusted all the belongings to my father as the then man in the family.
And my father has the patta of this land on his name, I and my father has been maintaining it.

In 2010 my grandmother written a will stating that I will be the legal owner of all her assets after her death, and that was her last WILL.
Now my father also expired couple of months ago and has not left any Will. I(only son) have my sisters with me.

a) I have the possession of the documents/Grandmother Registered-Will etc. Is this case legally sound for me to claim my due, or can there be a litigation(by my sisters) for the share in this property ? Since they claim that Patta is on my father.

b) What procedure I need to follow to get this land transferred on my Name ?

c) How was my father able to get the patta of this land on his name ? using the WILL and he as the guardian ?

Kindly clarify

Thanks
Krishna

Offline Advocate M.Bhadra

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Re: Help and Opinion Regarding ancestral property
« Reply #1 on: October 30, 2015, 08:47:56 PM »
Now the WILL is irrespective to settle the property matter. So, you have equal share i.e. half each with your sister, which you can amicably settle by a registered deed of partition. However if you want to become absolute owner of the said property then your sister can execute a registered deed of gift in your favour.

M.Bhadra, advocate at Kolkata,9836589246

Offline Krishna_gaura

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Re: Help and Opinion Regarding ancestral property
« Reply #2 on: October 31, 2015, 12:57:57 PM »
Dear Bhadra,

Thanks for your replu,

But sir, why do you think her WILL is invalid or doesnt hold good, she doesnt have any children born to her, and my father is her husband's brother's son.

Please clarify,

Regards
Krishna

Offline adv.amarnath

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Re: Help and Opinion Regarding ancestral property
« Reply #3 on: October 31, 2015, 02:47:20 PM »
I do not know on what basis others have suggested as above. I would say that as it is a registered WILL you must get probate of it and be the owner of the entire property left by your grandmother. Regarding patta, it does not create any titles. It mere creates that your father was in possession. By possession, no one claims to be owner.

So better get probate of that WILL through executor. For further clarification and consultation in details, you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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