(Querist) 29 June 2017
This query is : Resolved
Dear Experts of the Forum, Late Mrs. B gives her property to (1)Mrs. B, Mr. R R, Mrs. I and Mr. SPB, some property which was taken over by Government and amount is due will be shared by equally by above four persons. And (2) remaining land property ie Patta, Inam lands, tenancy land were given to Mr.SPB. Mr. RR and Mr. SPB are own brothers and Mr. RR is older to Mr. SPB After the death of Mrs. B, Mr. RR immediately taken GPA from MR. SPB for (2) property and dealing with same, and because of practices in the family younger brother Mr. SPB never asked about deals /deeds done by his elder brother Mr. RR in regards to the (2) property even about property (1) also. In a case where a land was given to Army for lease and dispute rose between a third party Mr. NRS ,about the owner ship of this land, Mr.RR without consulting Mr.SPB had entered in to compromise ( compromise condition is not there in GPA given)with the third party Mr. NRS in the High court in 40: 60(third party Mr. NRS ) sharing basis (In this 40%, Mr.RR included the names of A , B, C, D, E, F, who are nowhere connected with will of Mrs. B or the (2) property…. Now both Mr. RR & Mr. SPB have died. Mr. SPB gave all the property that had come to him to his daughter Mrs. PS. After the deathMr.SPB we found that there is some discriprency in the will (ie that the third party Mr. NRS, with whom Mr. RR entered in to compromise is wrong on two counts. ONE is false interpretation of the document, the third party having; TWO is, GPA do not contain the permission to compromise and that too GPA holder has taken 6 more un concernd persons along with him in the compromise petition.) .Without knowing these facts Mr. SPB in his ‘WILL’ state that Mrs. PS will have ¼ share in 40% of the compromised property. Now this third party Mr. NRS argues that Mr.SPB is binding to this compromise agreement. I request Experts of the Forum, to kindly help me, by suggesting the way out for this problem.