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Family property transfer

Guest (Querist) 03 October 2017 This query is : Resolved 
My father has five brothers and two sisters (Aunts).
Now only 3 uncles and 2 aunts are alive. My father also passed away.
We have one family shop in the name of my grandfather.
We don’t have any property received from our grandfather. My grandfather died before 1975.
My father and other uncle bought 5 acre agriculture land in 1980. Land purchase on name of my one uncle as he was unmarried. In year 2000 my uncle died and he made WILL document and transfer all land to one of my uncle. WILL is not register. In year 2002 my father also passed away. No one of our family member not aware of any WILL or property transfer.
In WILL document uncle who died clearly mentioned that “he was doing clothing business and shop was on his name. ‘’ However, shop is still in name of my grandfather. He mentioned incorrect in WILL. Land property was purchase through combine income of all brothers and also from shop income as well.
Sell deed of that land is one sided deed and land owner from whom land purchase he mentions in sell deed that he received cash money from uncle(who made WILL). Source of fund was CASH.
Current possession on land is of my uncle who received through WILL by my other uncle.
We get to know of WILL in year 2017. Till date we don’t know about WILL and also property transfer. Uncle (beneficiary) always only tells he will going to distribute but never distribute land. He started various businesses on land but never shares profit with family member.
In year 2017 he (beneficiary Uncle) decided to sell the whole land ,so he invited us (my other brothers for meeting only). However, he sells all land directly to developer and not give any share to us. Now he refuses to give any share. And that’s the way get to know about WILL and property transfer and his intention.
Below are the key points :
1. We are Hindu family
2. We don’t have any partition in family till date.
3. Shop is still in name of my grandfather.
4. In WILL all signs are very much differ.
5. WILL is not register. Only noterised.
My questions are :

1. Is land is Joint family property ?
2. How my uncle transfer whole land to only one uncle through WILL ?
3. How I proceed can I ask for partition?
4. Also, I believe WILL is fake. So I directly challenge WILL?
Please guide me.
Guest (Expert) 03 October 2017
An one line reply is not possible in your Query.Better meet and discuss with a Local Civilside Advocate with all details please 'You could wait for others to respond also Please.
Kumar Doab (Expert) 03 October 2017
The authority under whose jurisdiction property falls has simple procedure for such matters, when a WILL surfaces;'Testate Succession'.

The bare minimum requirement is: death certificate of testator, legal heir certificate and authority may ask for NOC from other legal heirs of testator (other than beneficiary) and/or ask for newspaper advt asking for objections if any and/or authority may write to legal heirs to submit objections if any in a set time.

The ClassI legal heirs of Hindu male are; Mother (if live as on date of death), Wife (if live as on date of death), sons and daughters...........


If mother of the testator was not alive as on date of death of testator then since he was unmarried as per your post NO ClassI legal heir was present hence ClassII legal heir come into picture.....

Did ClassII legal heir sign NOC?

Since title of the property that was in the name of testator he could dispose it by valid WILL.


Try and obtain copies of all docs that were submitted per procedure of Testate Succession from O/o Authority.

You are raking up many issues.

To contest would require counsel of very able senior LOCAL counsel of unshakable repute and integrity specializing in such/testamentary/civil matters having successful track record.

Visit such LOCAL counsel with all docs and give your inputs in person.
Guest (Querist) 03 October 2017
No... We didnot sign any NOC...
In a WILL it is clearly mention that he runs shop and doing clothing business and licence was on his name. However, shop is on name of Grandfather till date. Uncle and other family members just sit and run the shop.
Kumar Doab (Expert) 03 October 2017
AS per your post your father died ( year 2002) after death of uncle (testator-year 2000).

SO as per your own understanding; how does your signature on NOC should matter.........

Do you have copies of docs pointed above from O/O Authority?
Kumar Doab (Expert) 03 October 2017
Same Query:

http://www.lawyersclubindia.com/forum/details.asp?mod_id=154616&offset=1
Guest (Querist) 03 October 2017
Hello Kumar Sir, my father and other relative also never sign any NOC.
Guest (Querist) 04 October 2017
Hello Kumar Sir... what you suggest can i file partition first or directly challenge the WILL...
Kumar Doab (Expert) 04 October 2017
You have not responded to; do you have copies of above mentioned documents from O/o Authority!
Kumar Doab (Expert) 04 October 2017
If there I NO NOC signed and there is NO probate of WILL then how come authority transfer ownership to your uncle?
If Uncle was not owner then how could he sell?
Guest (Querist) 05 October 2017
Hello Kumar ,Sir Good day !
I have WILL copy which received from Talathi office.
Uncle( Beneficiary in WILL) submitted WILL of my late uncle , simple application to talathi office and death certificate.
In application to talathi he requested talathi to transfer property to his name and his wife and childrens. However, in application only beneficiary uncle signed and not signed by his wife and childrens. Will is not probated till date or we donot received any notice anything.
Guest (Querist) 05 October 2017
Kumar Sir,
Property transfer done in year 2001...Before transfer only one name present on title which was name my late uncle.
Guest (Querist) 05 October 2017
Please guide me what should i do ?


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