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CMy grandfather used to live in the house with my father’s brother and his family. The house had no will to it, so my father’s brother took advantage of my grandfather’s bad health and got him to make a will in my father’s brother’s name. As soon as we got this information, we took my grandfather and cancelled the will because there was previous property dispute going on. My grandfather passed away sometime after and there was no will at the time he passed away. This was the only way there was a chance for us to get the other property back.
Now, my father’s brother is listing the property online stating it is freehold. How could this be possible? Since the property has no will, shouldn’t all the siblings sign the papers for it to be freehold? We went to the society office to get it checked, and there was no information about it being freehold but however, there was some information we found.
They had taken noc from society regarding the freehold process. How was this noc provided? There was cancelled will attached in the file before.
Could you please explain me what happened here and what are our options? Should we take a legal action?
Any help would be appreciated!
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HSince your grandfather passed away without a valid will, the property will be inherited by all legal heirs under intestate succession as per your applicable family law. Your uncle cannot claim sole ownership, as the earlier will was canceled and holds no legal value. Any sale or transfer of the property would require the consent of all legal heirs.
Despite this, your uncle seems to have started the freehold conversion process and obtained an NOC from the society. Normally, all legal heirs need to consent unless the property was already in his sole name, which doesn’t seem to be the case. If the NOC was granted despite the will being canceled, it suggests misrepresentation or procedural irregularities.
To protect your rights, send a legal notice to both your uncle and the society. The notice should (1) object to your uncle’s sole ownership claim, (2) demand that the society cancel the NOC, and (3) warn against any further steps toward freehold conversion. You can also file a partition suit to ensure a fair division of the property. Also, if the freehold process was based on false information, you can challenge the NOC in court (If society does not cancel it) and seek an injunction to stop your uncle from misrepresenting the property as freehold or selling it without all heirs’ consent.
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