Title
pushpakrishna
(Querist) 18 April 2018
This query is : Resolved
Dear experts
A person is having a land of 9 acres flown from her husband who got the same on the basis of a will.later he transferred the same in favour of his wife and she is having a clear title and possession.
Her husband uncle filed a case regarding the same on her husband for partition which is pending before the court.but there is no stay.
Now she wants to dispose the land as she wants to shift from the place and given a public notice through a lawer for which uncle of her husband given a notice saying that it is not for sale.
The partition suit pending from 2013 coming for trail and he did not filed chief affidavit as a plaintiff.
The will is not questioned by any one up to six years after it's execution.
Kindly advice on this my dear experts whether the land can be disposed or not in view of her.
Thanq in advance..
Ms.Usha Kapoor
(Expert) 18 April 2018
If it is ancestral property your husband's uncle also has a share in that property. If it is self acquired The lady who got the property transferred from her husband who in his turn got it through a will is the absolute owner of the property. and can deal with it in any manner as she likes.To be on safe side get the will registered and probated.
Guest
(Expert) 18 April 2018
Uncle of her husband given notice to whom and through which source?
pushpakrishna
(Querist) 19 April 2018
Dear experts
The will is registered one.
Most Of the properties of her husband father and brothers shared between them and one among them given to grand mother of her husband and the same is given to her husband by way of a registered will.and the same is mutated by her husband and now she wants dispise.
Uncle of her husband who wants to grab the same filed a case and the same is pending but there many to file the but only one has filed the cases.
With a view of the above kindly advice.thanq in advance.
Ms.Usha Kapoor
(Expert) 19 April 2018
since it is a self acquired(It has all the trappings of a self acquired property) property of her husband who got it through a will from his grand mother , the husband WHO UNDER A REGISTERED WILL TRANSFERRED THE PROPERTY TO HIS WIFE. WIFE IS THE ABSOLUTE OWNER. UNCLE HAS NO SHARE IN HER registered willed property WHO BECAME ABSOLUTE OWNER OF THE PROPERTY by virtue of her husband's will.
pushpakrishna
(Querist) 19 April 2018
Dear sir
First of all let me say that
Thanq very much for your quick response.
But uncle of her husband threatning that the prospective buyer who given public notice for purchese that the matter is pending in the court and you are not supposed to purchese the same as it will become nul and void and also saying that i will initiate proceedings misrepresentation for the lawer who given a public notice for not saying the same.
Case is pending aganist her husband but land is in her favor and there is no any stay from the court.
Kindly give advice on this my dear experts.
Thanq in advance..
kavksatyanarayana
(Expert) 19 April 2018
When a case is pending before the Court of law, it is better tnot to dispose the property in any way till the conclusion of the cae. And generally nobody come forward to buy a property pending in court.
Guest
(Expert) 20 April 2018
@ Mr. Pushapakrishna,
Probably, you have no connection with the case, as your description of the case is quite hazy. At first you stated, she (title holder) gave a public notice through her lawyer. In the same initial query, you stated the uncle of her husband gave notice, but when asked to whom and through which source gave notice, you did not clarify that point. Now you have stated that the prospective buyer gave a notice for which the uncle of her husband is threatening and also that he is saying that he will initiate proceedings against the lawyer who gave public notice.
In fact, VERY BAD DESCRIPTION of your academic query. That does not make any sense.
So, at first, you are required to understand your own question and then draft query for the experts, what exactly you want and why, to make the experts reply appropriately. Otherwise, if you are not concerned with the case, let the lady, her husband, husband's uncle, the prospective buyer, the lawyer who gave public notice, settle their own case amicably or through the verdict of the court. You should not strike your head.
pushpakrishna
(Querist) 21 April 2018
THANQ VERY MUCH FOR YOUR RESPONSE
