Legal Question in Real Estate Law in India

I am Aditya from punjab State in India. My grandfather left a will after him giving everything to my Bhua(Aunties) nothing to me or my father.

The houses he left after him are in Punjab and Haryana States. Property in punjab is on allotment ( Given to my grandfather during India Pakistan partition). but In will he claimed it as self acquired property . Property is still on my grandfather name and only allotment papers are available in Municipal Council .

My grandfather died in 2002 but my aunties cannot take property in their possession until my grandmother is alive.

1. Now my aunty wants to do some construction on property . Can I stop her any way ?

2. Do this property will be considered as self acquired property and my grandfather had right to give it to my aunties or can I claim for my share and challenge will .

Will be great if you can suggest something....

Regards,

Aditya


Asked on 3/17/13, 9:58 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

17.03.2013

Dear Aditya,

(Basantpura, Patiala, Punjab)

1. Your aunty will first have to obtain a Probate to get the property transferred in her name as per your grandfather's Will.

2. Your grandfather had the inherent right to Will his property to any of his heirs as he so wished.

Yes ... you can challenge the Will in Court.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/17/13, 10:10 am

dear Aditya...

yes you can challange the will ,

something can be suggested only after gong through the WILL copy if possible send me the copy at [email protected]

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Answered on 3/21/13, 9:28 am


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