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aaaaarrrrr (employee)     08 December 2013

Two persons sold the entire property as per two wills

H1 and W1 are husband and wife. They have two Daughters. D1 and D2. AS H1 and W1 do not have male children they have adopted D1's son named S1.

H1 and W1 jointly written a will for their property in three parts for the D1,D2,and S1.

In the will it is mentioned to enjoy the property in case of H1 or W1 till the second one's death.

D1 and S1 have one big house with 2 floors only common is staircase and house papers are with S1.

After some days H1 was died and W1 was enjoying the property of D1, and S1 was sold his propety to MCh for road cutting.

After some days W1 also died and S1 revealed a new will writtern by W1 after death of H1 and in that mentioned that S1 has to get the entire D1's property and D2's property which has 3 floors should go to all the three one portion each.

All the three went to family court.

Mean while D2 has illegally sold her property to out sider as per 1st will and after that S1 also sold D1's property as per second will as papers are with him.

S1 and purchaser was cased by D1 for criminal case in Police station.

For vacating the house D1 was given 20 lakhs by the S1 with the help police forcebly by mentionioning you will loss case and you will not get nothing from this house and I am giving you money for vacating and removing crimianl case on me i.e.,S1.

D1 taken Rs. 20 lakhs by pressure and vacated the house.

Now the question is D1's age is 66 years and not got any property from her parents either as per first will or second will. Now she is on debts without any money. The property of D1 is sold by S1 as per second will is Rs. 60 lakhs and given only 20 lakhs. Please suggest a advice for the old lady S1 , her husband also died before her father.

From Parents she has to get some property as per first will or Second will.  But as per first will D2 has sold the property what ever she got (If second will is valid D1 get one portion in it). As per second will the S1 was sold D1's property . ( D1 was supposed to get entiere property as per first will.

D1 has taken Rs. 10 lakhs from buyer for removing criminal case and vacating the house, Rs. 10 lakhs from S1 for removing police case.

As the entire property was sold by S1 and D2 what will be the remedy available to D1 and which case to be filed on whom.  S1 was sold the property of D1 3 months back with the second will and original papers.

Please advice the old lady.



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