Legal Question in Family Law in India

Dear sir,

In 1989 a family settlement was done on 10 Rs stamp Notary between my father and uncle, In which my grandmother agreed for only monthly expenditure for her expenses received from my father and uncles and her name should be removed from property and in case if no expenditure is paid she will be free to go to court. Also grandmother will be given a room to stay.

In 2002 my father was expired and my uncle started created problem and torturing us and my grandmother (his mother) and stopped to give her expenditure; I and my mother look after her so in 2009 my grandmother made a WILL (with NOC and witness of my father�s sister) in which she has given her 1/3rd share in property to my mother. So mother became owner of 2/3 and remaining 1/3 goes to uncle. In 2011 my grandmother died due to cancer and I did all the funeral related works. After her death possession of her room taken by us.

Now my uncle again started hindrance and creating problem for us to stay in house as they said that grandmother was agreed for removing her name from property so how she can create a WILL and refused to agree her WILL.

We want to sale our 2/3 undivided share(without asking to my uncle). So if there is any problem after sale, if so then how resolve that problem. Also note that after family settlement in 1989 grandmother name was not removed from Municipal Office and other department till my grandmother�s death.


Asked on 1/31/14, 8:46 am

1 Answer from Attorneys

if there is a will in your favour go for a probatecase. after you execute the will you can sell the property.for further clarifications contact 9312411481.

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Answered on 2/07/14, 6:46 pm


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