My Case summery
Virendra Aggarwal
(Querist) 21 July 2011
This query is : Resolved
MY CASE SUMMERY
A person (F-1) have three sons ( S-1, S-2 & S-3 ) and three married daughters ( D-1, D-2 & D-3 ). Father (F-1, 89 year old ) died in February 2008,leaving his 79 year old wife ( M-1) behind him & a house ( H-1) 300 sq. yards as a property in Bareilly-U.P, in which his wife along with S-3and his family ( wife,15 year son,& 13 year daughter) and mother is living.
S-1 is living in Delhi since last 35 years in rented properties along with his wife and three sons (unmarried). He never asked any benefits/ favors from his father or any other family members and do what ever he can to his parental family members.
F-1 executed a Registered Will in favor of S-3 only minor son and deputed S-2 wife as caretaker/ guardian till he became adult in May,2006.
S-2 ( unmarried) ,who was also living in the above property died in October-2007.
F-1 again executed a ( non registerd) Will,& quashes the privious Will before his death , in April-2007, appointed his legal heir to S-1,& gave S-3 right to live in the said property. Asked S-1 to take full care of M-1 till his life & would do whatever required to D-1, D-2 & D-3 alleging that S-3 forcefully/ wrongly/ unwillingly/ executed the privious Will in his/his son's favour.
S-3 sold a portion( 100sq. yards) of H-1 in July-2011 to a third Party ( TP ), Got Sale Deed registered & having M-1, D-1, D-2 & D-3 as witnesses on the basis of old / rejected Will by F-1 and handover the possesion to the buyer.
The remaining portion of H-1 is occupied by S-3 and his family. M-1 is living with S-3.
S-3 is not allowing S-1 to enter in H-1.
H-1 was an ancestral property. Due to some circumchances, F-1 father gave this property to his relatives (R-1). During court cases ,opposite parties allege that the H-1 was not the owner of H-1. Then R-1 gave a written statement in the courts that F-1 was the owner, and courts admitted F-1 as the owner of H-1.
Now my questions are-
1-- Weather H-1 is called an ancestral property
2-- What is legal status of S-1 in the H-1,& others i.e.M-1, D-1, D-2, D-3 &S-3
3-- Is it a forgery to sell the property H-1 ( presently a part and latter on the full property )without the knowledge of S-1.
4-- what legal actions do you suggest for S-1 against S-3
VIRENDRA AGGARWAL
50,Gagan Vihar, GF, Delhi-110051
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R.Ramachandran
(Expert) 21 July 2011
You have to indicate whether the property H-1 is the self-earned property of F-1 or whether the property was received by him from his father etc.
Virendra Aggarwal
(Querist) 21 July 2011
H-1 was an ancestral property. Due to some circumchances, F-1 father gave this property to his relatives (R-1). During court cases ,opposite parties allege that the H-1 was not the owner of H-1. Then R-1 gave a written statement in the courts that F-1 was the owner, and courts admitted F-1 as the owner of H-1.
F-1 not purchased H-1 from R-1. No.sale deed/ Transfer deed / Registerd Deed executed by R-1 to F-1.
Virendra Aggarwal
(Querist) 21 July 2011
H-1 was an ancestral property. Due to some circumchances, F-1 father gave this property to his relatives (R-1). During court cases ,opposite parties allege that the H-1 was not the owner of H-1. Then R-1 gave a written statement in the courts that F-1 was the owner, and courts admitted F-1 as the owner of H-1.
F-1 not purchased H-1 from R-1. No.sale deed/ Transfer deed / Registerd Deed executed by R-1 to F-1.
R.Ramachandran
(Expert) 21 July 2011
Dear Mr. Virendra,
You have to answer the query straight.
Please indicate whether F-1 purchased the property (H-1) from some one or he received it from his father/grand father etc.
Virendra Aggarwal
(Querist) 21 July 2011
Respected R.Ramachandran Ji,
Very very thanks.
F-1 never purchased H-1 from anyone,he received it from his father.
R.Ramachandran
(Expert) 24 July 2011
Whether the property was purchased by F-1's father or it was also received by him from his father/grand father etc.
In which year F-1 received the property from his father?
Whether F-1 received the property during the life time of his father, or after the death of his father?
Whether there are other brother(s) / sister(s) of F-1 and whether they also got share from the property of F-1's father?
Virendra Aggarwal
(Querist) 29 July 2011
Sh. Ramachandran JI,
1. Don't know that F-1 father purchased the property(H-1), or it was received by him from his Father/ Grand Father. No record is available.
2. F-1 received the property ( H-1 ) after the death of his father in mid 1960's.
3. Yes , F-1 had sisters & a brother, all of them expired & their children never claimed any share in H-1.
Virendra Aggarwal
Mob- 9999336691
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Virendra Aggarwal
(Querist) 29 July 2011
Sh. Ramachandran Ji,
Please answer the following questions also.
1-- What is legal status of S-1 in the H-1,& others i.e.M-1, D-1, D-2, D-3 &S-3
2-- Is it a forgery to sell the property H-1 ( presently a part and latter on the full property )without the knowledge of S-1.
-- what legal actions do you suggest for S-1 against S-3
Virendra Aggarwal
50, Gagan Vihar, Delhi-110051
Virendra Aggarwal
(Querist) 29 July 2011
Sh. Ramachandran Ji,
Thanks for your kind guidance / support.
Following are the family Members of F-1 ( Late Sh. Mukat Behari Lal Ji Died in 6-2-2008
M-1 WIFE Smt. Gayatri Devi Ji,(79 years )
S-1 Elder SON Virendra Aggarwal (63Years)
S-3 SON Akhilesh Aggarwal( 50Years)
D-1 Eldest Daughter Smt. kusum (56 Years)
D-2 Daughter Smt. manju ( 52 Years)
D-3 Youngest Daughter Smt. ANJU (47 Years)
Virendra Aggarwal
(Querist) 29 July 2011
Thanks Again
virendra aggarwal
50, gagan vihar,
Delhi- 110051
mOB- 9999336691
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R.Ramachandran
(Expert) 29 July 2011
Dear Mr. Virendra,
Your matter requires examination of documents, discussion, understanding other facts etc. Therefore, I would suggest that you visit a lawyer, show your papers, discuss the issues and take things forward.
