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Author Topic: Excersising will of grandfather  (Read 422 times)

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Offline RamanVerma90

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Excersising will of grandfather
« on: May 31, 2016, 02:39:23 AM »
Hi, My Grandfather Passed away and left a will. Our house where we live was bought by my Grandfather on my Grandmothers name( Who passed away before my Grandfather without a will) many years back.  My Grandfather has 2 children( My father and My Uncle). My Grandfather willed his share of property to my father, thereby making giving him a 2/3 share and thereby giving my uncle 1/3 share. So if my father and uncle decide to sell the property what rights do me and my mother have? Do we have a share in the property as we have lived here for 30 years. Can the property be sold without our consent? Thanks.

Offline advswagata

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Re: Excersising will of grandfather
« Reply #1 on: June 02, 2016, 08:45:05 PM »
no your uncle and his brother have their share here

Offline RamanVerma90

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Re: Excersising will of grandfather
« Reply #2 on: June 04, 2016, 07:17:07 AM »
could I claim anything under adverse possession? (if yes,then what would be the criteria to satisfy the condition?) Could my Mom put a stay on account of maintence? ( if yes, then on what grounds?)

Offline adv.amarnath

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Re: Excersising will of grandfather
« Reply #3 on: June 05, 2016, 12:43:50 AM »
You situation is very much interesting. until and unless the WILL is getting probated, neither of them will able to be owner in respect of bequeathed share (2/3rd and 1/3rd). If they ignore the WILL then both brothers are now joint owner in respect of equal share. Your questions seems that you and mother have no good terms with your father. Now, if you want to stop them from selling that property then you have to make the situation more complicated. There are several ways you can contact you near lawyer or me in this regard.

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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