Property issues
4 weeks ago
We live in an unpartitioned house-property which had been gifted to my grandfather by her mother. Subsequently, on demise of my grandfather and grandma my father and my uncle inherited the property as legal heirs, no legal partition made.. Recently, on death of my uncle , his son has come up with a will supposedly made by my uncle in which he had specifically mentioned mode of his share in this undivided property. Can my cousin i,e. my uncle's legal heir take probate of such will without informing the co-owner, that is ,my father? Can any specific mode of division be mentioned in a will for undivided portion of any inherited property? Please advise.
A.Dear Client,
Without a decree of partition from a Civil Court, a coparcener or legal heir cannot claim their share in an undivided property. Furthermore, without ownership of a specific share, a coparcener or legal heir cannot legally bequeath their share via a Will, rendering such a Will invalid. Individual division of an undivided inherited property without a Court decree is not permitted. As a legal heir and coparcener, you or your father can file a partition suit in Civil Court to obtain your rightful share in the property and contest the validity of any Will purportedly made by your deceased uncle, which his son is claiming.
Without a decree of partition from a Civil Court, a coparcener or legal heir cannot claim their share in an undivided property. Furthermore, without ownership of a specific share, a coparcener or legal heir cannot legally bequeath their share via a Will, rendering such a Will invalid. Individual division of an undivided inherited property without a Court decree is not permitted. As a legal heir and coparcener, you or your father can file a partition suit in Civil Court to obtain your rightful share in the property and contest the validity of any Will purportedly made by your deceased uncle, which his son is claiming.
Helpful
Helpful
Share
A.Dear Client,
Until and unless an undivided property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property, and without being an owner of a specified share in the said property, a legal heir or coparcener cannot bequeath his or her share through a Will which is void from the beginning. An undivided inherited property cannot be divided by a legal heir on his own without a Court's decree passed in a partition suit. You or your father being a legal heir and coparcener can file a partition suit before the Civil Court to acquire your share in the said undivided property and challenge the validity of the Will before the Court made by your deceased uncle and based on that purported Will his son is claiming his share in the property. Reach out to an Advocate dealing with property disputes for guidance and steps.
Until and unless an undivided property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property, and without being an owner of a specified share in the said property, a legal heir or coparcener cannot bequeath his or her share through a Will which is void from the beginning. An undivided inherited property cannot be divided by a legal heir on his own without a Court's decree passed in a partition suit. You or your father being a legal heir and coparcener can file a partition suit before the Civil Court to acquire your share in the said undivided property and challenge the validity of the Will before the Court made by your deceased uncle and based on that purported Will his son is claiming his share in the property. Reach out to an Advocate dealing with property disputes for guidance and steps.
Helpful
Helpful
Share
Read Related Answers
Covered garage
Dear Client,
The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...
Government Land Occupying
Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Digging borwell infront of my house without permission
Dear Client,
If the land/place belongs to the Government, then your permission is not required. You cannot raise your voice against the installation of a borewell near/in front of your house. Your obj...
Property documents
Dear Sir,
It is not safe to give your originals to any broker. Thereafter, they may blackmail you.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
