Property-Fa,ily Disputes
Querist :
Anonymous
(Querist) 23 December 2010
This query is : Resolved
Dear Sir/Madam,
We are having a property, which is on my grand father and grand mother name;
After their early death, my father and her sister approached court for the settlement and partition of the said property claiming each other the maximum shares showing different reasons… after general proceeding in the court, In 1998 the court finally given a judgment on my grand mother favor that she deserves 70 % of the share and remaining should share among other children of the property owners. As my father was unhappy with the given judgment, so he approached and pleads senior court for the stay on the judgment and further proceedings on the case…
Since then my father's sister, I mean my mother-in-law is 80 years old (Single) Un-married and who is she absconding since last 10 years. Despite there is a property case pending in the court between my father and her sister from last 20 years.
Where in the actual property owners, I mean my grand father & grand mother has given a joint will on my name, which is not registered yet due to unavoidable circumstances.
I have following queries on this case, please help…
As there is a joint will on my name, which is not registered yet, what is the power it holds and what is the procedure to bring in force?
As my father’s sister is UN married and absconding since 10 years, what would be the right procedure to trace her or get her out of this case?
As my father’s sister who is she UN married yet, so do we or my sons become the legal heirs of her and also do we become entitle of her property?
What is the best way to claim the said property? Please suggest
Devajyoti Barman
(Expert) 23 December 2010
1. There is nothing called 'joint will'. So the nature of that alleged Wll is not clear. Registration of Will is never a mandatory procedure though taking Probate of Will is one.
2.If she at the initial stage appeared in that appeal then there is no need to look for her and in her absence the court can pass judgement ex parte.
3.Yes you can inherit her share if she has got no other heir.
4.Without knowing clearly the actual scenario,it would be difficult to advise further.
Querist :
Anonymous
(Querist) 23 December 2010
Sir,
Mainly we have not participated in the case yet, as we were leaving away from our family, but we are in actual possession of the property from last 8 years...
My queries are as follows...
*Despite im having will on my name, i haven't participated in the case anytime, how i should enter in the case and what are the document will be requiring?
*AS my fathers sister is absconding since last 10 years, what happen to the last judgment which was in her favor in the year 1998... despite my father approached high court in the same year 1998 and plead for the stay on the judgment and to carry further proceedings on it...
*Even my father is settled in abroad from last 8 years and never attend the case.
*Finally the case is disposed for default by both the parties...
*Now im in actual possession of the property, please suggest what to be done to get the papers done on my name....
Regards,
SKY
Devajyoti Barman
(Expert) 23 December 2010
If the first judgement is not set aside in the appeal then it has attained finality and all are bound to abide by it. Even if his sister is missing her legal heirs can take benefit of that judgement after making her declared civily deadent court from a competent court. Till anything like that happens, enjoy the property you are in possession.
Kirti Kar Tripathi
(Expert) 23 December 2010
The correct and appropriate advise by Mr. Barman.
s.subramanian
(Expert) 24 December 2010
You can file a suit for declaration of yout title and for permanent injunction on the basis of the joint will of your grand parents against your father and mother in law. Since you are not a party to the earlier suit,the judgment in that will not bind you. Any how,your father and mother in law are not going to appear and the same will result in an exparte decree in your favour. That will validate the unregistered will and uphold your title and possession in the property. Joint wills are recgonised udner the Indian Succesion Act,1925. You need not worry about that matter at all.
