Succession/mutation through will.
Ramesh
(Querist) 17 June 2012
This query is : Resolved
Dear Experts of the forum,
( I am writing this QUERY,on behalf of my wife ,please.)
My case is pending in a civil court for partition, the stage is: notices served some( Purchasers of the part of property) are not appeared,and the family members have challenged the Injunction ( i,the plaintiff have completed the arguments).
In the above the dispute is between my self( i am, a female adopted by the family) and my co adopted brother family. My grand mother owner of the property written a will( this fact is agreed by the brother's family in the court, in their w/s).Through this will my biological father got some share and he willed this share to me through an UN-registered Will.
My question to the esteemed forum members is:
1) can i approach Tahsildar of the area to implement( mutation of the property mentioned in ) this WILL, which i got from my biological father, pending the partition suit in the court?
2) Or will this have any adverse effect on the suit pending in the court.
3)My adopted father had sold out lot of property (that was willed to my biological father by my grand mother), through a GPA taken from my biological father.
Please suggest me way out to this problem.
Thanking you ALL, in advance expecting an early solution.
ajay sethi
(Expert) 17 June 2012
apply for probate of will . it is judicial proof that will is genuine. tahisildar may not mutate property on basis of will as no probate has been obtained . in addition civil suit is pending . hence apply for probate
your bilogical father has authorised your adopted father to sell the property . he had given power of attorney to him . in such a case you cant challenge the sale.
was power of attorney duly regsitered . ?
Adv.R.P.Chugh
(Expert) 17 June 2012
Dear Querist,
Having gone through your problem - I have the following to opine :-
1) Normally Tehsildar would be reluctant to mutate the property on the basis of will in absence of NOC from others, the pendency of partition suit is all the more reason He'd choose to wait.
2)If you are thinking of challlenging the alienation made by your father - it can't be done once your fahter got the property via a will/gift he is the absolute owner - and can do away the property. However you can question the method GPA - and assert that it did not mean to transfer the absolute interest in the property.
Have faith in your local advocate.
Good Luck !
Shonee Kapoor
(Expert) 17 June 2012
I endorse the views of Ld. Bharat. That is a more practical approach.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ramesh
(Querist) 17 June 2012
Dear Sirs,
Thank You for your QUICK reply.
The GPA is registered, but my adopted father had given further GPA to X,Y,Z...., and these people lay-outed the property and sold to different personals in the year 1993.This fact ie existence of WILL other related question to came to notice in the year 2010.
Further other family members in my biological fathers family relinquished the property in favour of only Male child in the family and agreed to the fact of existence of WILL and its contents, through a REGISTERED document.
Thank you All once again.
