succesion through will
Janardhan Rao Kotwal
(Querist) 10 November 2009
This query is : Resolved
Case Hstory:
Plantiff rgistered the commercial land through one of legal heirs of the above said land and demanded injuction for the pocessionof the land.
Defendent who is the lone suviving primary lgal heir and into the pocession and occupation of the land past 35 yrs.
And also got thr ownership certificate from the muncipal aithorities and also tax payer for the above said land.He acquired land through the registered sealed will which was made by his late fathr 35 yrs ago. There was a three evidences who sgned the will but only one signatory is survived. The same person has been produced n the court for evidence.
His statement was he signed the doucument but he is not aware of the matter of the document but he is accepting the signature.
As plantiff claims that the above said wll false pre-fabricated.
After completing the hearings from both parties now the case is for arguments in district civil court.
So many other evidences pertainng to defendent pocession and enjoyment of the above said property and the land today also only in the pocession of the defendent.
My question is what will be decision of the court? infavour of the palintiff or defendent?
What about acceptance of will by Court of law.
Janardhan Kotwal.
Raj Kumar Makkad
(Expert) 10 November 2009
Only one witness in support of such old will is sufficient to prove. Otherwise also the defendant the sole survivor of his father and thus is entitled to inherit the entire property so no dispute should be raised either over will or his sole ownership over the property agreed to be sold on any ground.
Janardhan Rao Kotwal
(Querist) 11 November 2009
Thank You for your valuble reply.
My other doubt is how come the plaintiff got registerd without any link documents or any relavent document.
How come the court till today didnot raise the question about the registration.
Here I would like to tell you that the plaintiff got registered through the legal heir who is a widow of the first son who is no more suviving to when the registration took place.
This can be possible?
Waiting for your valuble reply.
Thank you
Janardhan Kotwal.
Y V Vishweshwar Rao
(Expert) 12 November 2009
1- Registration of the Deed requires no link documents - SRO is not bound to ask for Link documents and Title clearence- it is for the purchaser to satisfy about the title of the Vendor and Vendor rights and documents of the Vendor
2- The Court is not expected to raise any question about the Registration - it is for the Defendnat to dispute and the plaintiff to prove - according to the burden of proof- rules & principles - to be discharges by the respective party (i.e;-the party who claims the rights under the Deed )
Sachin Bhatia
(Expert) 12 November 2009
Single witness in support of such old will is sufficient to prove. There is no requirement of any link documents for registration of the Deed.
Janardhan Rao Kotwal
(Querist) 12 November 2009
In this case one more doubt is that plantiff got registered the commercial land from one of the widow of the legal heir(who is n more now expired long before the case starts).But how this registration is valid?
For egistraton registrar doesnot require any documents? can the defendnt challenge the registration?
