Legal status/ Rights in the Property
Virendra Aggarwal
(Querist) 23 July 2011
This query is : Resolved
A person (F-1) have three sons ( S-1, S-2 & S-3 ) and three married daughters ( D-1, D-2 & D-3 ). Father (F-1, 89 year old ) died in February 2008,leaving his 79 year old wife ( M-1) behind him & a house ( H-1) 300 sq. yards as a property in Bareilly-U.P, in which his wife along with S-3and his family ( wife,15 year son,& 13 year daughter) and mother is living.
S-1 is living in Delhi since last 35 years in rented properties along with his wife and three sons (unmarried). He never asked any benefits/ favors from his father or any other family members and do what ever he can to his parental family members.
F-1 executed a Registered Will in favor of S-3 only minor son and deputed S-2 wife as caretaker/ guardian till he became adult in May,2006.
S-2 ( unmarried) ,who was also living in the above property died in October-2007.
F-1 again executed a ( non registerd) Will,& quashes the privious Will before his death , in April-2007, appointed his legal heir to S-1,& gave S-3 right to live in the said property. Asked S-1 to take full care of M-1 till his life & would do whatever required to D-1, D-2 & D-3 alleging that S-3 forcefully/ wrongly/ unwillingly/ executed the privious Will in his/his son's favour.
S-3 sold a portion( 100sq. yards) of H-1 in July-2011 to a third Party ( TP ), Got Sale Deed registered & having M-1, D-1, D-2 & D-3 as witnesses on the basis of old / rejected Will by F-1 and handover the possesion to the buyer.
The remaining portion of H-1 is occupied by S-3 and his family. M-1 is living with S-3.
S-3 is not allowing S-1 to enter in H-1.
H-1 was an ancestral property. Due to some circumchances, F-1 father gave this property to his relatives (R-1). During court cases ,opposite parties allege that the H-1 was not the owner of H-1. Then R-1 gave a written statement in the courts that F-1 was the owner, and courts admitted F-1 as the owner of H-1.
F-1 not purchased H-1 from R-1. No.sale deed/ Transfer deed / Registerd Deed executed by R-1 to F-1.
Now my questions are-
1-- Weather H-1 is called an ancestral property
2-- What is legal status of S-1 in the H-1,& others i.e.M-1, D-1, D-2, D-3 &S-3
3-- Is it a forgery to sell the property H-1 ( presently a part and latter on the full property )without the knowledge of S-1.
4-- what legal actions do you suggest for S-1 against S-3
VIRENDRA AGGARWAL
50,Gagan Vihar, GF, Delhi-110051
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R.Ramachandran
(Expert) 24 July 2011
Dear Mr. Virendra,
You had already posted this query at http://www.lawyersclubindia.com/experts/My-Case-summery-212211.asp
The query is being answered.
THEN WHY ARE YOU POSTING THE SAME QUERY IN A FRESH THRED? WHAT IS YOUR IDEA AND PURPOSE?
