Property issues
1 month 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.
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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.
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