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Nina   01 March 2015 at 09:09

Inheritance of willed property

Hello! Experts,

My Aunt died in 2002 and left behind an unregistered will. In her will she left her home in Jabalpur, MP to 3 people - me, my sister and a family friend (Mrs M). Mrs M and her family have been maintaining and residing in that home since 2003 without the permission of me or my sister. I have now received news that Mrs M is looking to sell the home.

Question 1) How can I put a stop to the sale of this home?

My Aunt, who never married and had no children, was very close to me, she gave me all the jewelry she owned for my wedding. All the fixed deposits in her bank account were jointly in her and my name and I inherited the same on her demise. She verbally told me that she had willed her home to me. While she was alive I never saw her will.

On my Aunt's demise in 2002 I could not make it as I live abroad. When I finally did make it to Jabalpur in 2003 I was given just the first page of the will by Mrs M (the family friend). I was surprised to find her name also included in the will. The will appeared to have been fraudulently modified as a line had been inserted in the line-space between 2 existing lines. Mrs M had used this will to transfer the property to her name and had also moved into the bungalow with her family.

Question 2) Can I at this stage (in 2015) challenge the will or is it too late? How could I go about proving fraudulent modification?

Thanks so much for your advise. In the past I have found the experts on this site very knowledgable and helpful.

Arnav Raj   01 March 2015 at 00:51

Filing of a civil suit

Sir/Mam

In filing of a suit, can in the plaint apart from the facts, a fact in issue be put up in a questionnaire form against the defendants?

For E.g.
A fact is already proved to be against the defendant, but it needs to be highlighted so that they answer to the question specifically in the form of Leading Question, for which the answer be only in form of Yes/No.?





raaju   28 February 2015 at 23:56

Can i cancel the registration

My name is Raaju working as private teacher in a school from Andhra Pradesh. I am 58 years old and i have 4 elder brothers almost everyone are retired. We are having 900 square yards land in Andhra Pradesh as a private employee my income is very less and need to sell my land for my daughters marriage but my brothers not accepting to sell the land. We partition the land in 2012 and got 180 square yards but now no one are coming to buy my land because it is small space the buyers want total land but my brothers are not agreeing with me to sell the land but my circumstances are too bad they want me to sell my part for less amount to them which is very less. I agreed for partitioning the land because the made us believe that they will sell it within 1 month but now its almost 3 years still didn't sell the land. Cancel i cancel the Registration and ask for first space of the land according to the rule as i am the younger son and i will get the initial space of land is it possible to ask like that and cancel the registration? Please help me anybody

Pran   28 February 2015 at 22:48

Validity of unregistered document for mutation...

Respected Sir/Madam,

Does an unregistered “Agreement” or an unregistered “Deed of Settlement” can be used for mutation of names in an Agricultural Land in West Bengal ?

If “NO” then what other kind of unregistered document could only be used for mutation of names in an Agricultural land in West Bengal ?

Please, clarify because my ancestral properties in my village in West Bengal are getting divided and we are performing mutual “Settlement Deed” but will not register it due to some constraints.

Hence, can we do the mutation with this unregistered deed of settlement or agreement ?

Please reply, and thanks in advance…

Member (Account Deleted)   28 February 2015 at 20:32

Property transfer

My Parents have 5 childrens,1 son and 4 daughters...My mother gifted the property to me (son),now there will be sharing of property to the other 4 daughters is applicable or not?

Sushil kumar   28 February 2015 at 19:58

Recovery of possession

Dear SIR

My house trespassed by criminal nature relatives after 8 years evicted by court order by court bailiff under police protection, the trespasser sitted out side my house with his household articles with his wife on visit put wife in front to false blame, etc. in november 2014 i was out of country for few days he again break open the locks trespassed my house please advise law full remedy fast and early ...complaint done in police but no action by police .....police is involved one relative is retd police man thanks in advance......sushil

Mallikarjuna yadav A   28 February 2015 at 19:55

Regarding noc to apply job

Hello sir,
i have a querry regarding NOc,presently iam working central govt joined in jan 2015 now am in probation period, i applied for state govt job which requires Noc in my present company they will provide noc in probation period

i applied the job not mentioning that i was a central govt employee because it was not required experience ( management trainee)

what i do if was selected pls suggest in this regard

pravin   28 February 2015 at 19:48

Inter maintenance

I got acquittal in 498. Now iam facing dv case court has ordered interim maintenance of 4000rs. But I haven't done anything wrong with here. Now can you please tell me how to cancel this interim maintenance of what I should do. Thank you

sivaraj   28 February 2015 at 18:49

Negotiable instrument act 1881

as per the decision of the Hon'ble Supreme court of india in 2014 (4)CTC 686 the drawee bank in my case does not comes under the jurisdiction of JMII court Hence the complaint was returned with a direction to the complainant to present my case before the JMI court within 30 days but complainant not represent with in 30 days he was filed one day delay i file condone delay petition that magistrate was return my petition he said there is no specific provision in NI Act if any citation reported ?

arastoo irani   28 February 2015 at 18:16

138 n.i.act

Dear all,
In case pertaining 138 Negotiable Instruments act, if complainant dies legal heirs can be brought in in his/her place but why not similar thing for accused if he/she dies legal heirs cannot be brought in to replace accused on similar footing to enable complainant to recover dues only without punishment. Please give your opinions