un registered will
Querist :
Anonymous
(Querist) 05 July 2010
This query is : Open
I have inherited 1/3 rd share of property which is around 1000 sq feet of total 3000 feet from my grandfathers brother ( A ) via an unregistered will who was unmarried and hence had no issue. The remaining parts belong to 1, my father and 2, my chacha (B)who is causing me trouble .
The entire proerty is one building which is lesed out and rents recieved by me, my father and my chacha , it was leased in year 2000 the property 1/3rd was mutated in my favour in year 2002.
Now my chacha is keen on challenging the will, as he has natural right on the property to some extent as there are some other uncles ( A's other brothers sons n total there can 8 claimants ) who also become the natural heirs of the said part if the will is revoked.
my quetion is
1) Can the will be challenged aftr 16 years of the death , as A died in 1994
2)Since 1994 there has been no claim does the law of adverse posseion apply
3) Mutation in my favour 2002 does it make my sitation any better
4) I am drawing rent since 2000 from the same building frm where my chacha is withrawing rent doe it not make obvious that he has accepted m as true onerof the land
Will the law of estoople help
5)I would like to draw your attention on the fact that the property which I have inherited was self acquired by my uncle in 1989 and the unregistered will is type written on the stamp paper of 2 Rs on the back of which the purchase date of the stamp paper is mentioned as oct 1993 and my uncle passed away in march 1994 , the will was executed in oct 1994 .Does this fact make my side any heavier
6)the will is not probated but mutation is done can my chacha alone file a suit against the will as his part of claim 1/8th of the land in question .
What are other legal remedies available to me.
