PROPERTY

Querist : Anonymous (Querist) 31 March 2011 This query is : Resolved
MY FATHER PURCHASED A PROPERTY IN NAME OF MY MOTHER.MY MOTHER MADE REGISTERED WILL BEFORE HER DEATH IN MY AND MY BROTHER'S NAME.MY TWO BROTHER AND TWO SISTER MAKE FAKE UN REGISTERED WILL AND FILE SUIT FOR POSETATION IN PROPERTY WHAT MY AND MY BROTHER STATUS IN THE COURT OF LAW.

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A V Vishal (Expert) 31 March 2011
A registered will always prevails over an unregistered one, you have to contest the case.

R.Ramachandran (Expert) 01 April 2011
First and foremost, you have to indicate where the property is situated to know whether probate of will is required in that area or not.
If probate of will is required, then you have to file a case for probate of the will.
If probate of will is not required, then you have to straight away ask for mutation of the property in your and your brother's name on the basis of the Registered Will.
I do not think that you have done any of these so far.
In any case, as rightly pointed out by Mr. A.V.Vishal, you and your other brother have to contest the suit filed by your two brothers and two sisters - by producing the Registered Will in your favour. For this definitely, you have to engage a lawyer. The sooner you do, the better it would be for you. In any case, please do not leave the possession of the property (which I hope is with you right now).

bhagwat patil (Expert) 01 April 2011
WHERE THE PROPERTY IS LOCATED?WHO IS POSSESSING THE PROPERTY? IF YOU. THEN COOL.GO FOR LOW PROFILE FIGHT IN COURT. IT WILL TAKE DECADES TO PROVE THEM THE WILL.ENJOY THE POSSESSION.

Guest (Expert) 01 April 2011
in this case they have to prove the will First and then only they becomes in the possession of the land and if they are in possession than you can file suit for permanent injunction and restraining them and also for the possession of the suit land.

Advocate Bhartesh goyal (Expert) 01 April 2011
I do agree with Mr Vishal.

Jitendar Kumar gupta (Expert) 01 April 2011
contest the case and file a counter claim regarding the ownership of the property in that suit. Make and application for the stay of the suit also for the declaration of ownership.
For more information call 9868529732
Mail:guptajkin@gmail.com

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