Will&probate
truman
(Querist) 22 April 2012
This query is : Resolved
My grand father left a will in 1975 sharing his properties between his two children my mother and uncle.With a condition that my uncle can sell the properties only if married.My uncle never got married but sold the properties in 1976 without informing and died in 1992.As we were away from the village ,it has come to our knowledge only now.The purchaser sold it to others and the 6th buyer is building a multistory building taking our adjacent area also.Can we file a suit of stay of the construction and further sales now?The will was not probated despite Madras HC jurisdiction and the original will copy is with us.Please advice.
Devajyoti Barman
(Expert) 22 April 2012
You have to first take Probate of the Will to take benefit any of its conditions.
Seeing the number of hands the property got changed through I doubt anything could be done to give you any rights.
prabhakar singh
(Expert) 22 April 2012
To me you have a very poor case in your hand when consecutively disputed property has changed 6 hands.He shall plead bonafide purchaser for value.
Any way, try your right,may be some bargain comes in your bag.Visit a local lawyer.
ajay sethi
(Expert) 22 April 2012
37 years have passed by . you ought to have been vigilant about your rights . even if apply for probate now it wont be easy task to reover the property . it has already changed hands number of times .
Raj Kumar Makkad
(Expert) 22 April 2012
It is very strange and difficult to believe that you didn't care for your property till 37 years and even didn't care at the time of the death of your uncle in 1992. 20 years have passed since the death of your uncle.
It seems that the increasing costs of land have forced you to find out any clause to get the property back.
There is no illegality in doing so time provides various tools in the hands of the persons holding the property as bonafide purchasers. HAD you initiated timely action, the picture would have been different.
Shonee Kapoor
(Expert) 22 April 2012
I also agree with expert, it is your callousness only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 23 April 2012
Dear Querist,
Instead of wasting time and money,my sincere request is to forget the issue.Righly put forth by the experts above.
