Who can cancel unregister will
Joseph
(Querist) 27 September 2016
This query is : Resolved
Dear Expert, Currently my father and cuisine brother have dispute 2nd appeal in Madurai High court. My father is saying my cuisine brother has unregistered illegal WILL and trying to occupy my father land which is near. But dindigul Sub court Honourable judge understood that WILL illegally prepared with evidence of witnesses.
My question is here- can I add Tamil nadu Dindigul District sub registor as partee within the madurai high court second appeal my father case? Reason I am asking, My cuisine is trying to sell property to many third party and same he never listen to any Honourable Judge. so as we discussed with tamil nadu sub registor dindigul district they are expecting my father to add as one party? For time being, we got stay order from madurai high court and given to sub registor. But permanent solution is adding sub registor as party in main case. Will i able to DO?????????????Please advise me here specifically.
Joseph
(Querist) 27 September 2016
And one more question, who can cancel unregister illigal will? My cusine prepared the unregister WILL(Grandpa given this property) but Grandpa passed away,
Sudhir Kumar, Advocate
(Expert) 28 September 2016
very sketchy facts. Nothing understood.
Will can be cancelled or modified by the person who made it.
Ms.Usha Kapoor
(Expert) 28 September 2016
The will can be modified or cancelled by the person who made it.
Raj Kumar Makkad
(Expert) 28 September 2016
Every public authority is bound by the order of the courts. As Hon'ble high court has provided you stay order against the anticipated transfer of the disputed property and copy thereof has also been supplied you to the local registrar, nothing more is required to be done. There is no legal requirement to implead the public authority just for that reason.
Joseph
(Querist) 28 September 2016
Thanks experts for your inputs.... Now 2nd appeal civil case is pending,(2nd appeal started by against party) yet to come hearing within 2 months in high court. So, mean while will I able to add Government sub registor as partee in our 2nd appeal? or can not add as partee? I am confused some experts are saying Yes or some other saying NO. Please clarifiy
Kumar Doab
(Expert) 28 September 2016
In case of stay Sub-Registrar may not register the sale deed.
Joseph
(Querist) 28 September 2016
Yes, That is true. Based on stay order ,Registor is not doing sale deed. After high court Judgement has been released How registor will come to know what was the judgement released? So If I add registor as partee, then registor will come to know the final judgement,based on the judgement registor can update in EC certificate and update in necessary records. So please give me exact clue.. partees can be added/ or can not be added when second appeal civil case is in pending?
kavksatyanarayana
(Expert) 28 September 2016
if the will is not registered, on what basis you add the Sub registrar as a party? you pray the Hon'ble court to send a copy to the Sub registrar concerned for necessary action. or you may submit a copy to the Sub Registrar for further action. But when a case is pending before a court, normally no subregistrar register the deed.
Raj Kumar Makkad
(Expert) 28 September 2016
You shall submit the copy to the registrar on its final outcome. If every person start impleading public authorities in the personal cases between private parties then State shall have no other job but to attend all such case without having any role thereto except to enter the rights in the record once those are finalized by the court.
No court is going to allow such frivolous application.
Joseph
(Querist) 29 September 2016
As per tamil nadu land registration rule, sub registor also should be included as partee to take necessary action. So registor advise me to add as partee. is there any difficult task to add registor as one party? Please suggest.
Joseph
(Querist) 29 September 2016
We are NOT entertaining Goverment authorities. As a tamil nadu state goverment, there are many things have been implemented to protect illigal land registration now. that was the reason subregistor strongly advise me to add as partee.
Raj Kumar Makkad
(Expert) 29 September 2016
If this is the mandatory requirement in Tamilnadu by way of local amendment. to which we are not aware then no need to raise such query and move ahead as advised strongly by registrar.
Joseph
(Querist) 29 September 2016
Thank you Mr.Raj kumar, My advocate advised me - we can not add sub registor as partee now. Is there any way please? any one have clue?
Kumar Doab
(Expert) 29 September 2016
You have posted state govt rule.
Your own advocate well versed with local requirements has advised you,as per this rules and need of your case.
So what is left.
Joseph
(Querist) 29 September 2016
I just wanted to cross verify with other experts for the same
Kumar Doab
(Expert) 29 September 2016
Local counsel shall be aware of local rules and can advise you the best.
Or you may wait for the advise from Experts from your state.
Kumar Doab
(Expert) 29 September 2016
If you wish you may search in LCI databank at:
http://www.lawyersclubindia.com/lawyers_search/
and get in touch with experts from your state.
Guest
(Expert) 29 September 2016
Mr. Joseph,
YOUR QUERY SEEMS TO BE MERELY A HYPOTHETICAL ACADEMIC QUERY!
the question arises, who made the will for the land of which your father was the owner?
Guest
(Expert) 29 September 2016
Moreover, your query relates to unregistered will, but in your query 20 hour before, you have stated, "Registor is not doing sale deed."
Question arises, where from the isue of sale deed arise in the dispute about unregistered will, while in your original query you have stated that you "cuisine brother has unregistered illegal WILL and trying to occupy my father land which is near."
You have also not stated, what is the opinion of your own lawyer.
Pleas state the facts clearly, if there is any real problem.
Raj Kumar Makkad
(Expert) 29 September 2016
You have changed your own statements time and again. Why are you taking the examination of experts if your lawyer himself is able person and you have to follow his advice?
Kumar Doab
(Expert) 29 September 2016
You have engaged a local counsel.
Let your counsel post on your behalf, whatever the latest and true facts are!
Rajendra K Goyal
(Expert) 01 October 2016
Casual query may not solve the problem, it is better discuss with some senior lawyer in the field for guidance and clarify your doubts.
Joseph
(Querist) 01 October 2016
Okay thanks for your valuable comments... this thread can be closed.
Guest
(Expert) 02 October 2016
OK, treated as closed.
Rajendra K Goyal
(Expert) 02 October 2016
You are welcome and can revert in case of further question.
Kumar Doab
(Expert) 02 October 2016
Agreed with concluding remarks of Mr. Goyal.
Raj Kumar Makkad
(Expert) 02 October 2016
Even though the query is closed, you can raise subsequent question in this same thread on this subject.
