Will and its implementation.....

This query is : Resolved 

12 July 2009

Dear friends!
I found a startling fact,that my brother had sold lot of property( Almost Every thing, he did not give me any thing) , years back and he is no more(Died in the year 2003).Only recently came to my knowledge, that the property is actually Willed(Will is Registered) to me. The property is Agricultural land but divided in to/layout and sold for Housing purpose.

What should i do, Now? I am from AP.

Matter is Urgent nature, please advice me.

With regards...

A V Vishal (Expert)
12 July 2009

Dear Ponnala,

If you have a copy of the will, you can seek probate of the same and then legally proceed against the LR's of your brother and the purchasers who have purchased the property for possession of the property.

Y V Vishweshwar Rao (Expert)
12 July 2009

File a suit for Declaration of Title and Recovery of Possession -subject to law of limitation !

ponnala (Querist)
13 July 2009

Dear Vishal & Vishweshwar Rao Sirs,

Thank you very much for your advice.

What is the Limitation for approaching the Court of Law? I came to know this fact only on 09/03/2009.

The Will was written on 02/02/1976, the Will was registered on 12/02/1976 with a S R O.And the testator (of the Will) died in March 1976.

With Regards...

Jayashree Hariharan (Expert)
Click to Talk
13 July 2009

Who is the testator? is it ancestral property or self-acquired?

In any case, you can go for petition of Declaration and possession, with the help of the Will.

Limitation does not matter, as you can file application for condonation of delay.

Y V Vishweshwar Rao (Expert)
28 July 2009

it is sold by your brother no amounts are paid to you

Whether you have signed the Sale deeds alogn with your brother and are you party to the said Sale Deeds ?

Your brother died in the year 2003 - it is about six yeras back-there are/will be
other legal remedies - contact local advocate for personal discussions on the subject !

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