Partition suit against a stranger
Querist :
Anonymous
(Querist) 30 August 2011
This query is : Resolved
dear members,
i need ur advice...
i bought a property for 2 cr ,that property belonged to suneel verma, who died and left a registered will in favour of his wife sunita verma, he also left behind 3 daughters and one son but he bequeathed all his property in favour of his wife through a registered will. the will was registered in year 1985.
Then all the children gave NOC in DDA for the mutation in name of the wife, and subsequently property was converted in freehold and then conveyance deed was executed in favour of wife and wife became the sole owner of property, i purchsed the proeprty from his wife thru a reg. sale deed in 2010.
but now one of the daughters have filed a partition suit in the court in 2011 and obtained an exparte status quo order on my property, and she had taken the plea that the NOC was not given by her , she only signed blank stamp papers and her mother converted them in to NOC , however she has admitted that she signed that stamp paper giving NOC,
the partition suit has been filed by the daughter only in respect of this property,
kindly suggest that can this stay order be vacated?
please quote relevant cases if possible
please note that will has not been probated as there is no requirement of probate in delhi....
Devajyoti Barman
(Expert) 30 August 2011
First find out whether the said property was the self acquired property of suneel verma or not.
If it is yes then the daughter has a very poor case and vacating the status quo order is only a matter of time.
If not nevertheless the onus is very much upon the daughter to establish that the NOC was given under fraudulent circumstances.
The averments of the partition suit is very material before making further comment in this regard
Querist :
Anonymous
(Querist) 31 August 2011
@devajyoti
yes it is a self aquired property of suneel verma, the averments in the partition suit are very general she says that she doesnt know abt the will and father died intestate, and that the mother fraudently got signed the blank stamp papers from her in trust and converted them in to NOC to submit it in DDA
kindly suggest
a case law if possible
thanks for ur valuable assistance
R.Ramachandran
(Expert) 31 August 2011
If there is a registered WILL in favour of the wife, where is the need to obtain NOC etc. from the daughters/son to get the property mutated in the name of the wife Sunita Verma?
You have to visit DDA office and find out how the property in the name of Mr. Suneel Verma got mutated in the name of Mrs. Sunita Verma - whether it was on the basis of Registered WILL or something else.
prabhakar singh
(Expert) 31 August 2011
kindly suggest that can this stay order be vacated?
I think,after having purchased in 2010 by a registered sale deed from widow Sunita verma,
you must have got the possession of the property,and must have got mutated in DDA records,in place of your seller Sunita verma,who got mutated on basis of WILL of her husband admitted by his issues as to be true on a stamp paper admitting the execution of WILL.
If so are the facts,i think a status quo
order is not going to harm you at all unless you too want to dispose of the property by a sale deed.
Viewing your this statement"Then all the children gave NOC in DDA for the mutation in name of the wife," i find you have not stated how many persons signed the NOC admitting the correctness of the WILL.
Anyway considering the facts stated, i find you with a sustainable right in court of law as a bonafide purchaser.
It seems that the suit has been designed collusive to re bargain you for few more money.
Raj Kumar Makkad
(Expert) 31 August 2011
In the given facts, a very poor case has been filed by the daughter of deceased Sunil Verma. You have a very good case in hand. There is no hope of change of circumstances at all because the self acquired property was bequeathed by deceased in the name of his wife by way of a registered will. There is even no requirement of getting any alleged NOC from all or any legal heir by such beneficiary so even if it is presumed that NOC was fraudulently obtained, it do not affect the will and its contents.
n.k.sarin
(Expert) 31 August 2011
I do agree with the opinion of Mr Prabhkar sing jee and Mr Makkad jee.
Querist :
Anonymous
(Querist) 31 August 2011
@prabhakar singh
yes sir all the legal hiers have stated in their NOC abt the will and admitting the correctness of the will.
DDA has mutated on basis of registered will in name of sunita verma
I have not got the mutation in my name done as one of the daughters have objected to the mutation in DDA
i want to now sell the property further.
how can i do it?
girish shringi
(Expert) 31 August 2011
Follow the advice of the experts.
Raj Kumar Makkad
(Expert) 31 August 2011
You shall have to first settle the matter with the disputing legal heir of deceased owner prior to making sale of entire property.
M/s. Y-not legal services
(Expert) 01 September 2011
Am also agree with mr.ramachandran. While the property is self acquired, also there is a registered will in favour to the wife whats the necessity to get n.o.c from daughters?
