Legal Question in Wills and Trusts in India

Right to claim the property
A to D are brothers and S was sister. On partition deed executed in 1925, D & S are minor and C was guardian to them. A piece of land was given to S as their father�s gift. In partition deed between brothers the word, if there is no legal heirs for S, the piece of land given to S is to be shared by all. Such a situation was happened in 1955. In 1955, as she lost her husband and no one to take care, she came back to stay with his brother �C� and she also died in 1957 and final rituals was done by �C�. After her demise, in 1959, C executing a REGD WILL, in which the piece of land was mentioned as his own and that the land can be shared by his �C�s two sons after his demise. In the 1959 WILL, B and his elder son, who was a practising advocate was witness to the Registered WILL. In 1972, A�s 2 sons making a partition deed, in which also they have not mentioned their right about the piece of land given to S. In such a situtation, Who can claim the right over the property, since �B� and his elder son were witnesses to the REGD WILL exeucted by �C� and A�s sons did not mentioned about the piece of land in their partition. Please give your advise.

Asked on 7/05/08, 1:38 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: Right to claim the property

you better contact a local advocate with details as copies of will need to be peruse.

Answered on 7/17/08, 4:18 am

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