Property law

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved
My Husbands cousin brother say “O” was allotted a plot by dda under the large scale acquisition scheme in the year 2000. “O” executed the registered Will of that property/plot say “ABC” in my favour in july 2000. In the said Will other propertry of “O” had also been bequeathed by “O” in my favour . Since “O” was not able to pay up the demand money of dda therefore the said property was cancelled by dda. As per policy “O” was again now allotted the plot say “XYZ” by dda in july 2003. “O” expired in august 2003 without changing the property number in the Will . I paid up the demand raised by the dda in respect to property no. “XYZ” . I presented the Will dt july 2000 in dda for mutation ,which was having the address of the property as “ABC” , but the dda refused to do mutation in my favour stating that the plot/ property number in the Will dt. july 2000 is different(“ABC”) from the one allotted(“XYZ”) to “O” by dda . Now the real brother of the “O” is asserting his rights over the property no. “XYZ” claiming to be the only LR of “O” . It is pertinent to mention here that the real brother of the “O” has given a NOC in my favour , on the basis of the Will dt. july 2000 , in one of the civil court in respect to the one of the other property mentioned in Will july 2000. THe will dt. July 2000 has not been probated yet .

Now my query is 1) can I claim the rights on the plot number “XYZ” on the basis of the Will dt. july 2000 which mentions the plot/property number “ABC” . 2) Does the real brother of the “O” has any right over the property no. “XYZ”. 3) Is the Will dt. july 2000 invalid in respect to property no. “XYZ” . 4) how can I get back the plot / property in my name

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Devajyoti Barman (Expert) 17 November 2011
1. The contents of the Will needs to be looked into. If from the wholesale regarding of the Will it appears that you are the only beneficiary of the Will then by necessary implications you could also have been allotted this subsequent plot as well. Your case becomes much stronger in view of NOC of the real brother.

2. Yes he has indeed right to exercise over it taking the benefit of omission of its details in the property.
3. Does not look so.
4. File a civil suit for declaration .

Querist : Anonymous (Querist) 17 November 2011
Sir,
Later it came my knowldege that in his Will dt. July 2000 the "O" has stated that this is his first and final Will whereas actually he had executed a another will in 10/1996 in favour of "K" after receiving entire consideration from "K" and executing documents like ATS etc in his favour . Now "K" is also claiming his right . Will the concealment of earlier Will dt 10/1996 and misrepresenting of "First and final Will" go against me .

Devajyoti Barman (Expert) 17 November 2011
Then I think you do not have much chance about this xyz property as the testator did not wish to make you his sole beneficiary.

Rather you get satisfied with rest of the
properties.

Rajeev Kumar (Expert) 17 November 2011
I agree with Barman

H. S. Thukral (Expert) 17 November 2011
The subsequent will in your favour shall have overriding effect. However the contents of the earlier will and agreement to sell are important.

Sailesh Kumar Shah (Expert) 21 November 2011
Contents of both 'WILL' is vital to decide issue. you are suggested to engage local lawyer.

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