aaaaarrrrr (employee) 02 January 2014

Need help from senior advocates

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 income from property in case of death of H1 or W1 till the second one's death. D1 and S1 have got 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 income of D1, D2 and S1. D1 was sold his property to MCh due to road cutting according to master plan and utilised sale proceeds . Now he left only common stair case only in the D1’s share. After some days W1 also died and S1 revealed a new will written by W1 (H1 is already died) 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 floor 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 by D1 ,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 and buyer. D1 taken Rs. 20 lakhs by pressure by police i.e., 10 laksh from S1 and Rs. 10 lakhs from purchaser and vacated the house and removing police case on them. 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. This was happened three months back. The property of D1 is sold by S1 as per second will is Rs. 60 lakhs. Please suggest advice for the old lady D1, 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). 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 as per the second will as original papers are with him. Please advice the old lady.

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4 Replies

VIRAJ KADAM (Advocate Supreme Court of India) 04 January 2014

Dear Friend

In your case, it would be best for the old lady to file a maintenance case under Section 125 Cr P C on her son. Rest hire a good advocate to look into the papers and fraud angle, if any.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India.

aaaaarrrrr (employee) 04 January 2014

Thank you. She needs her property. For her she has one more son who looks after her but she needs to live independently without asking any body for her personal purpose.

Rakesh (Partner) 04 January 2014

A person sells his land being the sole legal heir recorded in his late father`s name. The land is recorded in the name of his late father Mr. S.Singh and the person executes the registered deed of sale in favor of the buyer as Mr. M.Singh. The seller Mr. M.Singh does not have any voter card or pan card and he relies upon his ration card, residence proof from panchayat pradhan & bank pass book copy to execute the sale deed in favor of the buyer. The buyer takes takes pocession of the land and starts construction. After few months when the buyer had spent a good amount of money on construction on the said land, the buyer comes to know that Mr. M.Singh`s sons and their family members use various sur-names recognized as schedule tribes. The buyer enquires the matter with the seller (Mr. M.Singh) about their caste status and Mr. M.Singh clarifies that he along with his fore fathers belong to the general caste catagory and his children & family members are using the surname Khairwar (recognized as schedule tribe in west bengal) to get the benefit accorded to the schedule tribes in our constitution and he also executes an affidavit before the executive magistrate at the sub divisional court stating that he along with his fore fathers belong to the general caste & few of his family people are using surnames to prove themselves as tribels. Then,nearly 2 years later, the seller complains to the district welfare officer for S.C/S.T that the buyer has forcefully got the land registered from him and he belongs to the schedule tribe community and the land registry deeds be cancelled and the land be given back to him. The project officer cum revenue officer at the district backward class welfare office issued notices to both the parties for a hearing on the matter. On the date of hearing, the seller Mr. M.Singh did not attend personally and sent his lawyer who explained that his client is actually Mr. M.Singh Khairwar and that his client is too old and cannot recall anything and that his client does not have any document or caste certificate to validate his claim, still he insisted that his client belong to the tribel community. On the other hand, the buyer presented copies of the land deeds, copies of the documents that the seller had presented while selling his land along with the copy of the affidavit that Mr. M.Singh had affirmed before the executive magistrate. Then, the Revenue Officer had asked from the sub divisional officer to enquire about the caste of the seller.Now, at this point, where does the buyer stand and what steps should he take to protect his property.