Legal Question in Wills and Trusts in India

My granfather died after leaving a will saying that all property will go to my grandmother and after her death to my father and uncle equally and giving no share to my aunt. My grandmother did not write any will before her death. Is my aunt too entitled to a share in property now or is my grandfather's Will still valid? The property is a self-acquired DDA MIG flat alloted to my Grandfather in 1974. At present my uncle is staying alone in this property. Can we also reside in this property?


Asked on 9/10/10, 10:31 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Yes, the WILL of grand father, which has already been acted upon, is still valid. Your father and uncle are equal owners of the said flat. Your father can seek partition of the property. He may ask his brother for partition by consent. If brother does not agree or does not give, remedy is to file suit for partition in court. along with that father may ask for his share of the mesne profit as uncle is enjoying the entire property to his use including father;s share.

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Answered on 9/10/10, 11:06 pm


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