LAKSHMI 14 August 2017

Registered will

MY FATHER HAS REGISTERED A WILL IN MY NAME I.E., N.LAKSHMI MANGA TAYARU IN THE YEAR 2000. IN THE MONTH OF SEPTEMBER, 2010 MY FATHER & MY BROTHER CAME TO HOUSE AT HYDERABAD AND REQUESTED TO ARRANGE RS.2.00 LAKHS FOR THEIR AGRICULTURAL EXPENSES. MY HUSBAND ARRANGED THE AMOUNT BY WAY OF CASH. AFTER RECEIPT OF SALE PROCEEDS FROM CROP I.E., IN THE MONTH OF MARCH, 2011, THEY HAVE RETURNED THE AMOUNT BY CREDITING IN MY HUSBAND'S ACCOUNT. ON 24/9/2011 MY FATHER DIED DUE TO HEART ATTACH. HE SPENT LOT OF MONEY FOR FUNERAL EXPENSES. IN THE MONTH OF OCTOBER, 2011 MY BROTHER AGAIN REQUESTED RS.2.00 LAKHS AND TAKEN THE AMOUNT BY WAY OF CASH. AGAIN HE HAS RETURNED THE AMOUNT IN THE MONTH OF MARCH, 2012 IN TWO INSTALLMENTS OF RS.1 LAKH EACH. NOW HE IS OBJECTING TO HANDOVER THE REGISTERED WILL LAND TO ME BY SAYING THAT HE HAS PAID THE BORROWING AMOUNTS FOR FINAL SETTLEMENT. I HAVE NOT GIVEN GIVEN ANY CONSENT BY WAY OF LETTER OR IN ANY FORM WITH REGARD TO FORGOING MY RIGHTS AGAINST THE LAND. NOW THE MATTER IS IN MRO / DISTRICT COLLECTOR. WHETHER HE CAN GO TO THE COURT BY SHOWING THE BANK STATEMENTS AS EVIDENCE AND CAN ADVOCATE ACCEPT THE EVIDENCE TO FILE SUIT AGAINST ME FOR THE LAND.

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8 Replies

Kumar Doab (FIN) 14 August 2017

The brother can not borrow on land owned by father until or unless lender and owner have clearly agreed.....

The bank transactions are evidence...........

You need to clarify your version by cogent/corroborating evidence..........as far as financial transactions are concerned..............between you/your husband and brother...........

Kumar Doab (FIN) 14 August 2017

How come you (Beneficiary in registered WILL) and WILL is entagled in financial matters of your husband and your brother?

Kumar Doab (FIN) 14 August 2017

Who has spent lot of money on funeral expenses of testator (your father)?

Siddharth Srivastava (Advocate) 14 August 2017

It seems that WILL was made eralier than the money borrowed by your father which he had already returned. It seems that borrowing has nothing to do with WILL not you have stated that was there any averment that sice father was borrowing money hence in security he has made the WILL in your favour as security. So now your brother can not ask return of money. Bank transaction does not affect your title. In case of need consult with details. Sidharth 9811776422

Sanjay Agarwal (Lawyer) 14 August 2017

Title of the land is transferred/bequethed to you through registered will. Loaning of money to brother is seperate matter. Apply for mutation of your name on the basis of will and prove the will by evidence of witness.

Kumar Doab (FIN) 14 August 2017

The financial transactions are not between you (beneficiary) and other legal heir (brother)...

The executor of the WILL can adjust funeral expenses....

Kumar Doab (FIN) 14 August 2017

The said claim on final settlement seem to be hollow...

Kumar Doab (FIN) 14 August 2017

If you are unable to resolve on your own, take help of a LOCAL senior very able counsel of unshakable repute and integrity specializng in testamentary/civil matters...