Property law

Querist : Anonymous (Querist) 22 November 2011 This query is : Resolved
i purchased the rights of the property from A . A executed an ATS, GPA etc ( unregistered ) . A also executed a will in my favour which was duly registered . I applied for probate . Notice issued . defendent appeared . thereafter did not appear . the court passed an ex parte probate order in my favour on 18.8.2010. In the LOA i have been directed by court to submit the full and true inventory and list of of the said property within six months in court . it has also been mentioned if i do not file inventory in six months the probate order will be revoked . my advocate is saying that mentioning of filing inventory by the court is just a standard format and i need not file anything . kindly advise what is the correct legal position /proposition. thanks

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Devajyoti Barman (Expert) 22 November 2011
First clear one thing if you have purchased the property then why on earth do you need to apply for Probate?

M.Sheik Mohammed Ali (Expert) 22 November 2011
yes, i do agree expert query reply

M/s. Y-not legal services (Expert) 22 November 2011
After sale the property also A executted a WILL in favour of you? Why?

Rajeev Kumar (Expert) 22 November 2011
I agree with Barman

Sailesh Kumar Shah (Expert) 25 November 2011
please state:-

1.what is the mode of purchase i.e. registered sale deed?
2.Mr.A is died?
3.Have you make any payment also in which mode?

prabhakar singh (Expert) 26 November 2011
The author is has adopted a technical route of purchase and has used abbreviation forms of words "agreement to sale"as ATS and "general power of attorney" as GPA and then a WILL also.

Occasion arose before him to apply for probate due to death of testator of will in which he is beneficiary.

The LOA(Letter of Administration )and not probate has been granted to him on 18.8.2010 on condition that by court to submit the full and true inventory and list of of the said property within six months in court failing which order will be revoked .

IF I HAVE CORRECTLY UNDERSTOOD YOUR FACTS THEN MY QUESTION IS THAT 06 MONTHS FROM 18.08.2010 has already expired then what is the bearing in your mind to ask this query after 06 months that your advocate has an opinion that no inventory is needed to be filled and order is in formal mode???????

you should have asked us before passing of 06 months??????????

What is hardship before you in not complying the order??????????

If no hardship then comply the order with delay condonation application is my suggestion.

Querist : Anonymous (Querist) 27 November 2011
thanks prabhakarji . the testator bequethed only this property to me. i am not aware of any other assets of the testator . i an not aware any of his liabilities.
secondly i had been asking my advocate to comply with the orders but he has been stating that since only this property has been bequethed to me there is no need to file any inventory . please suggest . thanks

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