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Satyendra Babu Gowthu   04 February 2019

Legal advice

A-Owner of property (who's name is in RSR of 1956)
B -Son of A only beneficiary of unregistered will for 10acres dated oct 1986 of A (Deceased dec 1986 when B is Minor) and later on B got his name in ROR,1B of govt records.
C & D are married (before 1985) daughters of A.
...B barrrowed a big amount from E by against registered sale deed dated 2015 for 10 acres (as security)to E and after long time 3 years in 2018 when E tried for recovery borrowed+internet crossed total worth of the property.then after sevaral sittings
with local gently men and giving more and more time to clear loan the local gentle supported to E to get possession of property and to get names entered in ROR ,1B.

But still B is not happy with what is happening as he lost everything and is zero now so his appealing to officials that E cheated him he didn't sold the property to E he just executed sale deed as security for amount barrowed.
Now E kept property for sale .
But he don't have original copy of unregistered will.

Now my query is can i purchase this property?
What are chances B have to challenge legally if I purchase the land?



Learning

 31 Replies

Suhail suhail (LAWYER)     04 February 2019

The title of the property is diputed ,you should avoid to buy such property.

Satyendra Babu Gowthu   04 February 2019

thank u sir ..can u explain please.

Shashi Dhara   04 February 2019

U see how title passed from AtoB inROR,1B of govt records..if they have mentioned in records as per will of A the title is passed, then u take that certified copy if not it is passed thru death of A then don't purchase it.

Suhail suhail (LAWYER)     04 February 2019

.B barrrowed a big amount from E by against registered sale deed dated 2015 for 10 acres

This is the big problem...

Satyendra Babu Gowthu   04 February 2019

sir what base he can challange

Suhail suhail (LAWYER)     04 February 2019

Dear he already has deed of advanced sum against land,the first right upon the land is from the person who advanced the consederation sum.

E; will approach the court for sale posseion and ownership and he has best grounds and he can achieve the title.

Don't tiuch the land. However you can pay E the amount in settlement with B and adjust the amount in sale amount thereby executing a registered sale deed.

Do not ignore the facts about E;;;; He has already right in the land

Satyendra Babu Gowthu   04 February 2019

sir I am going to purchase land from E sir as he got sale deed in 2015 from B.

Satyendra Babu Gowthu   04 February 2019

and some part (2 ac =of that B Transfered as gift to his wife in 2007 and she sold it to x and again E purchased it in 2015 from x.

Suhail suhail (LAWYER)     04 February 2019

Be sure that you get peaceful posseion and that the the land is mutated in the name of E  in revenue documents.

If he has revenue documents mutated upon the registred sale deed ,peoceed purchase from E against registerd sale deed,make payments through PAYEE ACCOUNT CHECQUES only....

Best of luck

Satyendra Babu Gowthu   04 February 2019

thank you sir...there is difference between actual value and govt value. this difference which we won't show in sale deed so I must pay this in cash

Satyendra Babu Gowthu   04 February 2019

is there any chance for B to make his sisters to file suit on unregistered Will

Suhail suhail (LAWYER)     04 February 2019

If will deed is signed by the testator(one who makes will) and signed by witnesses then there is no need to register the deed,the will deed if registered is best or if it is not registered still it is valid document.Just check for testators signature and witness signature

Satyendra Babu Gowthu   04 February 2019

will have that three signature ...but we don't have original copy

Satyendra Babu Gowthu   04 February 2019

my doubt is if B take u turn on will and file a suit on will on his sisters name .. what happens

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