Property received as claim against property left in pakistan at partition
vishal
(Querist) 23 March 2013
This query is : Resolved
Respected Experts I need your help/advice
My grandfather was died at pakistan at the time of partition and my grandmother got the property against the property left at Pakistan as my Father,Uncles(Father's Brothers) and Bhua(father's Sister) was Mionor that time under THE DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954.
As per my Bhua(father's Sister) and uncles(Father's Brothers) my Gandmother had made the registered will of the property in which we are living from more then 28( in my case by birth) in my Bhua's name.
In 2000 my grandmother died and My Father is fighing a case for the share in the property which inclused this home also from last 10 years
In middle of the case we come to know that my Bhua had sold this property 3-4 months back to someone and know that third party is forcing us to vocate the home on the ground of home registry in his name.
My query is
1) my Grandmother got this property as claim( she has not made this property by his own) against the property my GRAND FATHER LEFT IN PAKISTAN,coz that time all the sons( My father,uncle and Bhua) were minor ?
2) Is my Grandmother was entitled to make the will and transfer whole property to Bhua only ?
3) Registered will was made on 1986 and thereafter IN 1992 my gandmother written a letter to Ministry of Defence where my father workerS that she is still the owner of the property and want the Government to deduct the HRA of my father on the gound that this property is DEEMED TO BE A GOVERNMENT PROPERTY AND thereafter government had deducted the HRA from my father's salary for 4 years.
If the WILL and house registery was made on 1986 in my Bua's name then is it Lawful or legally correct to use the still the owner of the home ? was not this farud ?
4) Can Bhua sell this property in the middle of the case, IS not this insult of the hon'able Court ?
5) she sold the house in dec'12 still she is coming to the court whenever case date comes but never told us or the hon'able court that she had sold the house
Please advice and help us
Sudhir Kumar, Advocate
(Expert) 24 March 2013
1) my Grandmother got this property as claim( she has not made this property by his own) against the property my GRAND FATHER LEFT IN PAKISTAN,coz that time all the sons( My father,uncle and Bhua) were minor ?
Ans : Being minor is no ground to exclude your father
2) Is my Grandmother was entitled to make the will and transfer whole property to Bhua only ?
Ans : No she is not absolute owner
3) Registered will was made on 1986 and thereafter IN 1992 my gandmother written a letter to Ministry of Defence where my father workerS that she is still the owner of the property and want the Government to deduct the HRA of my father on the gound that this property is DEEMED TO BE A GOVERNMENT PROPERTY AND thereafter government had deducted the HRA from my father's salary for 4 years.
Ans : Things are confusing. Such deduction is not possible. You need to show papers.
If the WILL and house registery was made on 1986 in my Bua's name then is it Lawful or legally correct to use the still the owner of the home ? was not this farud ?
Ans; You never said that if the WILL is challenged and if there is any stay order against it.
4) Can Bhua sell this property in the middle of the case, IS not this insult of the hon'able Court ?
Ans; You never said that if the WILL is challenged and if there is any stay order against it.
5) she sold the house in dec'12 still she is coming to the court whenever case date comes but never told us or the hon'able court that she had sold the house.
Ans :You need to show papers for suitable advise
vishal
(Querist) 25 March 2013
Dear Experts( Mr.Sudhir and Raj Kumar ji)
There is NO change in WILL,they are showing the same registered WILL my grandmother made in 1986.( we have a doctor-copy also which say's she is mentaly not sound, as she had brain hemberage also)
For point 1) Sir please share how we present this in hon'able court.
for 2) Sir can you give me some case example so that i can show to hon'able court as reference that she was not the absolute owner
For stay order we already applied 11 years back but every time it got delay as court wants some documetns for other points also as mentioned in the case-sheet we filled in the Honourable court for partition.
Sir, If you want i can mail you the documents you want( pls share your email-id and your mobile numer and if you dont have any problem then pls call usat 9044567890 vikas arora will be very thankful to you)
like:-
1) In 1992 what papaer my grandmother filled in my father's office for HRA deduction as saying she is still the owner of the said house
2) Registered WILL copy which were made in 1986
we need your help, as we are not getting any proper advice from our local lawyers,
its us who are living in this house in my case( By birth) along with my father and Mother and younger brother,
My uncle and bua left this house after verbal family partition in which they took all the cash and other assets, and after living this house fraudly made the WILL from my Grandmother, sorry to say but we dont have any proof of verbal partition
