Unregisterdill
Querist :
Anonymous
(Querist) 04 July 2010
This query is : Resolved
I have inherited 1/3 rd share of property which is around 1000 sq feet of total 3000 feet from my grandfathers brother ( A ) via an unregistered will who was unmarried and hence had no issue. The remaining parts belong to 1, my father and 2, my chacha (B)who is causing me trouble .
The entire proerty is one building which is lesed out and rents recieved by me, my father and my chacha , it was leased in year 2000 the property 1/3rd was mutated in my favour in year 2002.
Now my chacha is keen on challenging the will, as he has natural right on the property to some extent as there are some other uncles ( A's other brothers sons n total there can 8 claimants ) who also become the natural heirs of the said part if the will is revoked.
my quetion is
1) Can the will be challenged aftr 16 years of the death , as A died in 1994
2)Since 1994 there has been no claim does the law of adverse posseion apply
3) Mutation in my favour 2002 does it make my sitation any better
4) I am drawing rent since 2000 from the same building frm where my chacha is withrawing rent doe it not make obvious that he has accepted m as true onerof the land
Will the law of estoople help
Devajyoti Barman
(Expert) 04 July 2010
1. Yes but has the will been probated.If yes, then they could file case for its revocation.
2. In revocation of probate adverse possession does not apply though in partition suit it applies against co-sharer also.
3.Yes
4.Yes , the rule of waiver and/or acquiescence applies against him.
