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Property tax-utility bills

(Querist) 15 October 2014 This query is : Resolved 
HOW CAN WE GET THE COPIES OF THE UTILITY AND PROPERTY BILLS,IN CHENNAI FOR PERSONS OTHER THAN THE OWNERS?

I NEED IT URGENTLY.FOR FILING IT IN THE HONORABLE HIGH COURT OF CHENNAI.PLEASE GUIDE ME.

THANKS TO ALL THE EXPERTS,ADVANCE FESTIVAL GREETINGS.
Devajyoti Barman (Expert) 15 October 2014
Contact some lawyer. They would certainly help.
Anirudh (Expert) 15 October 2014
Dear Sankar,

It is not clear what you want.

Do you mean to say that though the property tax and utility bills are being paid by the owner of the property and the owner has the originals of such property tax paid receipts / payment receipts against utility bills, if there are others in the property - like the tenants, how the tenant will get the copy of the property tax receipt / utility payment receipt?

Can you explain in which context and for what purpose you need this?
sankar Krishnamoorthy (Querist) 15 October 2014
SIR,ACTUALLY I HAVE FILED A PARTITION SUIT IN MY GRANDFATHERS, PROPERTY ,WHO WAS EXPIRED,LOCATED IN CHENNAI.

THEY SAID THEY ARE HAVING AN UNREGISTERED WILL,AND GOING TO PROBATE THE SAID WILL IN THE COURT.

I WANT TO KNOW WHETHER THEY HAVE CHANGED THE NAME IN THEPROPERTY AND UTILITY BILLS,BY BRIBING SOME GOVERNMENT OFFICIALS,SINCE THEY HAVE NOT GONE FOR PROBATE OF THE WILL TILL NOW.

PLEASE HELP ME.MATTER MOST URGENT.

THANK YOU IN ADVANCE.
Devajyoti Barman (Expert) 15 October 2014
Change of name is property tax register does not cause any harm in the title of property.
Apply for consolidation and merger of suits once they files suit for probate.
sankar Krishnamoorthy (Querist) 15 October 2014
THANK YOU SIR.
Anirudh (Expert) 15 October 2014
Dear Sankar,

If they want probate, they have to file a probate petition before the Court. Naturally, if you are one of the legal heirs of the deceased, you will get a notice from the Court along with a complete set of the petition with attached documents.

Based on that you have to set up your challenge to the WILL and objection to the grant of the probate of the WILL.

Till such time, based on the property tax payment or utility payment one cannot decide the ownership.

Laying challenge to a WILL is a very specialised job. You have to necessarily engage an experienced lawyer to contest the case.

By the way, when did your grand father die?
What about your father - why he did not file the suit for partition instead of you?

If they are defending the partition suit by showing a non-probated will, then you have to object to the same.
sankar Krishnamoorthy (Querist) 15 October 2014
MY GRAND FATHER DIED IN THE YEAR 1994.BUT THE FORGED WILL WAS PREPARED AS IN THE YEAR 1993.

BOTH OF PARENTS EXPIRED.SO, I HAVE FILED THE CASE.

DETAILS AS FOLLOWS:

MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFES,AND A?AFTER HER DEATH IT WILL GO TO THE GRAND CHILDREN,KEEPING THEIR SON AS A GUARDIAN. IS UNREGISTERED WILL IS A LEGALLY VALID DOCUMENT?HOW CAN WE PROVE IT IS FAKE ONE?THERE IS NO ANY PROBATE OF THE WILL SO FAR.NOW ONLY THEY SAID THEY ARE GOING TO PROBATE THE UNREGISTERED WILL IN THE COURT,AFTER 20 MY GRANDFATHERS WAS HAVING A PROPERTY IN T.NAGAR AT CHENNAI.HE WAS HAVING 2 WIFE.I AM THE GRANDSON OF THE FIRST WIFE. I AM HAVING ONE YOUNGER BROTHER.BOTH MY PARENTS EXPIRED.MY GRANDFATHER WAS EXPIRED IN THE YEAR 1994,IN-ESTATE.

NOW ,WE HAVE APPLIED FOR PARTITION SUIT IN CHENNAI CITY COURT,WITH ALL VALID DEATH CERTIFICATE AND LEGAL HEIR CERTIFICATE,10 MONTHS BACK,ALONG WITH MY AUNT,YOUNGER SISTER OF MY LATE MOTHER.

THEY HAVE NOT FILED ANY COUNTER,TILL THE LAST HEARING.THE CASE WAS MADE EX-PARTY IN THE LAST HEARING.BUT,NOW THEY APPLIED FOR SET-ASIDE OF THE ORDER,AND FILED A COUNTER.IN THAT THEY SAID MY GRANDFATHER,LEFT A WILL IN THE YEAR 1993.BUT TO OUR BEST KNOWLEDGE THERE IS NO ANY WILL. IN THAT THEY SAID THE PROPERTY WAS ASSIGNED TO THE SECOND WIFE,AND AFTER HER DEATH IT WILL GO TO THE GRAND CHILDREN,KEEPING THEIR SON AS A GUARDIAN. THEY ARE ALSO SAYING UTILITY BILLS AND PROPERTY TAX BILLS ARE IN THE NAME OF THE SECOND WIFE.HOW IS IT POSSIBLE WITHOUT PROBATE OF THE WILL IN THE COURT?HOW CAN WE FIND PROPERTY TAX AND UTILITY BILLS ARE IN THE NAME OF SECOND WIFE?WHAT IS THE LEGAL REMEDY?WHAT ARE OUR CHANCES ?
Anirudh (Expert) 15 October 2014
Not probating the purported WILL for nearly 20 years will create suspicion in the minds of the Court.

Therefore, after getting the copy of the WILL, you and your lawyer have to pin point several flaws in the same; there is no reason for excluding others; that he was not mentally alert when the alleged WILL was made; the defendants seem to have played a forgery and fraud etc. etc., depending upon the real fact situation.

Only your lawyer has to do the needful.
Devajyoti Barman (Expert) 15 October 2014
You are welcome.
ajay sethi (Expert) 15 October 2014
agree with MR Anirudh
Rajendra K Goyal (Expert) 15 October 2014
Agree with the expert Anirudh.
sankar Krishnamoorthy (Querist) 15 October 2014
I SALUTE ALLTHE EXPERTS FOR THEIR SUPER MOST GUIDANCE TO ME.I PRAY FOR YOUR GOOD HEALTH,GOOD WEALTH.ADVANCE FESTIVAL GREETINGS TO ALL.

dr g balakrishnan (Expert) 17 October 2014
shankerji,
when will is taken up for probate of Will under testamentary jurisdiction it is an administrative jurisdiction of high court in charter high courts or otherwise in civil courts of concerned state.

it is not falling under regular cases.

when probating a Will the court asks the applicant to give public notices in press in the languages concerned called vernacular press plus in English press circulated in the area where the said properties are there. Any one can claim rights but they have to prove their rights in terms of succession Acts to defeat the will holder.

if they fail to prove that the Will is fake and they are entitled to Willed property, the probate of Will becomes absolute.

your remedies are there, no where else as you work on Will!
T. Kalaiselvan, Advocate (Expert) 19 October 2014
You have been advised ver properly by all experts. Donot be worried about the name transfer of the property in the revenue of municipal records that will not deny you your legitimate share in the property. Allow them to make more and more mistakes, you can take the benefit from their mistakes, let them come with the will,I don't think they will produce any will before the court for the fear of being detected it to be fake and fabricated. Consult your lawyer before taking any decision.
sankar Krishnamoorthy (Querist) 19 October 2014
THANK YOU SIR.

EXACTLY THEY ARE DOING WHAT YOU HAVE SAID SIR. WE HAVE FILED THE SUIT IN THE MONTH OF JANUARY-2014.ONLY IN THE LAST HEARING (IN THIS MONTH),THEY HAVE FILED THE REPLY BUT NOT ATTACHED ANY COPY OF THE WILL.

ACTUALLY THE SUIT WAS DECREED EX-PARTY.SO THEY HAVE FILED A SET-ASIDE PETITION,AND ALSO FILED A COUNTER WITH LOT OF MISTAKES.

I AM ALWAYS GRATEFUL TO YOU SIR ,FOR GIVING ME A FITTING REPLY TO ALL MY QUERIES,AND GIVING ME A PEACE OF MIND.

PRAY GOD TO SHOWER HIS CHOICEST BLESSINGS ON YOU AND YOUR FAMILY MEMBERS.

WISHING YOU ALL THE BEST ,SIR.

ADVANCE DIWALI GREETINGS TO YOU,YOUR FAMILY MEMBERS AND ALL THE EXPERTS IN THIS COLUMN SIR.
sankar Krishnamoorthy (Querist) 02 November 2014
IN THE ABOVE MENTIONED PROPERTY SUIT FILED IN THE CITY CIVIL COURT,BETWEEN 2 WIFE OF A
DECEASED PERSON,THE 2 ND DAUGHTER,(D1)OF THE FIRST WIFE ALIGNED WITH
THE SECOND WIFE,(D4)IN FILING THE SUIT.THE SUIT IS IN COUNTER
STAGE.NOW SHE REALIZED HER MISTAKE AND WANTS TO ALIGN WITH US THE
PETITIONERS,US.(P1,P2)KINDLY TELL HOW TO REVOKE VAKALAT?FORMAT
REQUIRED,MENTIONING THE CONSPIRACY BY THE SECOND WIFE,(D4)FALSE PROMISE GIVEN
TO D1,ETC,ETC.ALREADY REGISTERED POST HAS BEEN SENT TO THE DEPENDENTS LAWYERS,WHICH WAS DULY ACKNOWLEDGED BY THEMBY D1,REQUESTING CANCELLATION OF VAKALAT BY HER.(D1)
sankar Krishnamoorthy (Querist) 02 November 2014
ALREADY REGISTERED POST HAS BEEN SENT TO THE DEPENDENTS LAWYERS,WHICH WAS DULY ACKNOWLEDGED BY THEM,REQUESTING CANCELLATION OF VAKALAT BY HER.(D1)
sankar Krishnamoorthy (Querist) 02 November 2014
KINDLY TELL HOW TO REVOKE VAKALAT?FORMAT
REQUIRED,MENTIONING THE CONSPIRACY BY THE SECOND WIFE,(D4)FALSE PROMISE,GIVEN TO D1,THAT IS BRIBING,HER IF SHE FALLS WITH D4.
sankar Krishnamoorthy (Querist) 02 November 2014
THANKING ALL THE EXPERTS OF LAW.
sankar Krishnamoorthy (Querist) 02 November 2014
ALL THE ABOVE QUERIES ARE OPEN,PLEASE DO ME THE NEED FULL.


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