My Paternal Grandfather died in 1990. He had ancestral property of 18 acres of land. My Paternal grand father had two children , one is my father and other one is my aunt(Father’s sister).
Because of some issues with my father and mother although there was no legal divorce my father went for second marriage, and second wife of my father has one girl. My father died in 2002.
My mother filed case on my father asking for the property share and also with help of lawyers my mother made all 18-acres of land as “Government land” under some clause so that until my my mother requests, that land can’t be converted to our “private land”.
In our Taluk court has given 1/3 of property to my paternal Grand mother, 1/3 property to my aunt(father’s sister) and 1/3 land among my mother, me and my father’s other daugther. But we didn’t accept it and we filed case on our district court, still it’s on.
I have the below questions:
- Although Taluk has court has given the judgement and we went to the district court , can my paternal grand mother write will on the property?(1/3rd of her share)
- Although Taluk has court has given the judgement and we went to the district court , can my father’s sister write will on the property?(1/3rd of her share)
- As in the document still it’s as “Government land” and case is in the court, still my grand mother and my father’s sister write the will on their share of the property?
1 – Yes, she can WILL her share as per her wish.
2 – Yes.
3 – May I know what do you mean by ”made all 18 acres to Govt land” ??
In the Type of property in the Utara of the land , if it’s private land it will be as “Sarakari”, where owner can sell it.
If the type of the land is mentioned as “Sarakara” it can’t be sold. I was wondering how one can write WILL when the type of the land is “Sarakara”. Please clarify.
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