• Right to construction

My grandfather has written bill which is being signed by all my uncles and my father, but we have not taken signatures of their sisters. Can we do new construction on the land. The will clearly says that this land belongs to my uncles & father.
Asked 10 years ago in Property Law

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2 Answers

Who is the original owner of this land? The rights of your father's sisters have to be determined with reference to the antecedent title of this land. If the daughters of your grand father have any legal share in the land then they may obtain a stay order against any construction on this land.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

apply for probate of will . probate is judicial proof that will is genuine . your aunts will be issued notice . if no caveat is filed and they dont oppose probate would be granted . even i f you prove the will in face of your aunt opposition you would get probate . then you can carry on construction on land owned by your grand father .

Ajay Sethi
Advocate, Mumbai
96716 Answers
7797 Consultations

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