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UTldr- My grandfather made a WILL(2019) 2 years before passing(2021), as per which everything after him should be of his son (my dad) & d.i.l (my mom), but now after my dad’s sister got to know about this she has probably filed a petition in court- not on my dad but on a relative who knew about the will
Asking- would there be an issue for us during change of ownership?Before anyone says that ‘beti ka hakk cheen liya’ let me give some context
My dad has 2 siblings, both are sisters- one his twin and other a year eldermy grandfather owned several assets and shares (shares are already transferred to father’s name in 2018),
my grandfather was not on good terms with his daughters, they didnt even take care of him- so relationship care was 0 from either end.
When he passed, we called the eldest daughter and asked if she wanted to come for cremation, she said its covid so doesnt wanna take the risk, so we said okay…but after cremation got angry that we didnt wait for her to comeMy dad has also given both of them each 50Lakhs,
he gave 50L to one of his sister coz HER FATHER IN LAW lost money in business- after her fil’s death when my dad asked her if it were possible to return the amount she said ‘jisko diya usse maango’ implying die to receive the amountand gave 50L to another of his sister coz she said she has a good real estate deal, only to later say that the builder is now in jail and cant do anything
main mistake of my father was to transfer the properties to his dad’s name to save on tax, and hence now the trouble comes
also both of my aunt’s are well to do and much wealthier than us combining all assets even of the will- both having 10bhk house in Bandra and Bengluru respectively+ assets unknown to us, but still behind an amount which is 1/10th of their own assets…Now, one of them has said she is not interested in the will/her father’s assets
but the the other one as i said, filed a petition in court
so would there be an issue for us?(throwaway account, am 19M – ik i should concentrate on studies but seeing my dad in such a state just doesnt let me focus)
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DIf the property in question is ancestral, she may have a case otherwise most likely you should be ok.
Also make sure to keep the property safe as in such cases people try to forcibly take possession as it is very difficult to remove someone and local cops may not help depending on how things are.
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Beverything in India can be challenged including will.
Normal written will can be challenged and over turned.
Probated and registered will can also be challenged but will unlikely overturned and your dad will win the case
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MSimple thing – If the assets were created or acquired by your grandfather – assets assigned as per his will will stand. Assuming the will is held as valid.
Next anything he inherited and did not transfer during his lifetime – For that your family members will have a stake and you may want to consult a lawyer.
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