Property law
Querist :
Anonymous
(Querist) 07 November 2011
This query is : Open
Sir,
The cousin brother of my husband say “O “ was recommended an alternative plot by delhi govt. in lieu of his land acquired in delhi. The “O” sold the rights of said plot to “X” in 1999 and several documents like ATS, GPA IN FAVOUR OF “X” after receiving the entire consideration from “X and even a “Will” WAS EXECUTED BY “O” IN FSAVOUR OF “X” which was registered at SR delhi . In april 2000 a plot was allotted to “O” by dda . The intimation of allotment was not sent to “X” . In july 2000 the “O” executed a Will of that said plot in my favour . The said plot was thereafter cancelled BY DUE TO NON-PAYMENT by “O” . Thereafter as per policy another plot was allotted to “O” by dda in july 2003 . Thereafter AFTER THE ALLOTMENT OF THE NEW PLOT in august 2003 “O” expired . After “O “ s death I showed the said Will EXECUTED BY “o” IN MY FAVOUR to dda official and requested him to mutate the property in my name but dda verbally told me that the said plot cannot me mutated in my name as the property number is different ( the will is having the earlier plot number allotted to “O”) . Thereafter my husband , as legal heir of “O”, applied for mutation in dda and managed to get the mutation in his name . The dda as per policy entered my name also in perpetual lease along with my husband . Thereafter we sold the said property to some one else. Therefter my husband died . Thereafter in 2009 “X” applied for the probate of the WILL of “O” executed by “O” in his favour in 1999. The court notice was issued and served to me . My advocate appeared on first date and told the court that he will file reply . Thereafter ,as per my instructions my advocate , did not appeared as I had already sold the property . The court then granted ex parte probate order and LOA in favour of “X” . The “X” is now claiming his right over the said property on the basis of LOA . In the meanwhile the children of the real brother of “O” has also come to know that I and my husband have got the mutation in our name and sold the property to some one else . They have also given NOC to dda to mutate the property in favor of “X” . Now both “X” and the children of the real brother of “O” are threatening to file cheating and fraud case against me .
Now my query is HOW CAN I RETAIN MY PROPERTY . ? 2. WILL THE PROPERTY GO AWAY FROM MY HANDS ? 3 WHAT ARE THE LEGAL REMEDIES AVAILABLE TO ME ? PLEASE HELP
