Sale deed

Querist : Anonymous (Querist) 20 October 2010 This query is : Resolved
i purchased 3 acres land from my uncle.the poperty is belongs to my uncle via a will from my grand father.my grandfather have another two sons.a will power uncle enjoyed that lands and possioned it from my grandfaters death in 1956.all the revenuerecords is his nane only. by mistake in sale deed i am mentioned the will eeceuted by my grandfather to mu uncle. now in 2010 after i purchased this land the other uncles immediatly go to court to put a partion suit and challenging the sale deedalso.the will witness all are died now.now what i can do

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barun deka (Expert) 20 October 2010
the first thing to do when you are the beneficiary of the will is to apply for probate or letters of administration. if your uncle had obtained the probate/letters of admn. you have a case in hand. in any case find out if any other beneficiary of the will is alive if, if so approach the court of district judge immediately and apply the probate or letters of admn on their behalf.

barun deka (Expert) 20 October 2010
another possible remedy is that when you produce all the relevant revenue records having your uncle's name and also prove his exclusive possession over the land, the opposite party would probably deny the will and maybe just maybe come up with a plea that your uncle was entrusted to look after the land with consent of the other two brothers. in such a case you probably have the defense of ostensible owner/bonafide purchaser as per sec 41 of the TP Act