Siva (IT) 26 January 2011

Questions regarding WILL

I have purchased a property from a person A in 2010. Person A purchased the same from person B in 2007. Person B purchased it from person C in 2005. Person C (only daughter) got this property from her mother through succession in 2000. Person C's mother died in the year 2000. Property is self acquired property of person C's mother. Now, person Z is saying that he is having a WILL given by Person C's mother, came and occupied the property after I purchased. He is bargaining money and threating to sue me in the court. I consulted my lawyer. He is saying that the WILL cannot do anything as there were three transactions done on the property over the period of 10 years after person C's mother's death and he delayed too much in bringing the WILL. Is my lawyer telling correct? Please help.

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Darshan Panchal (Advocate) 27 January 2011

claim of person Z can not sustain. At all times when property changed hands, public notices must have been issued inviting claim or objection with respect to the title. He had ample opportunity to lodge objection to that public notice. However, he does n't seem to hv lodged any objection. If he is claiming will he has to prove it beyond reasonable doubts and knowing fully well that he can not, seeking monetary return. U also have an advantage of period of limitation. He should have been vigilant had he possessed genuine will. your lawyer has advised you rightly.

Siva (IT) 28 January 2011

Dear Darshan,

Thanks for your prompt response. My lawyer said he will get the injunction order to take procession of the property. I have all the revenue records in my name. Person Z who is having the property WILL says he will also get injunction. I am confused. It seems he will not go filing lawsuit. He just want to bargain money. How long he can drag this issue? Please advise.

Siva (IT) 28 January 2011

Dear Darshan,

Thanks for your prompt response. My lawyer said we will get the injunction order to take procession of the property soon. I have all the revenue records in my name. Person Z (who is having the property WILL) says he will also get injunction. I am confused. It seems he will not go filing lawsuit. He just want to bargain money. How long he can drag this issue? Please advise.

Darshan Panchal (Advocate) 28 January 2011

as i said u r not required to worry and just follow the instructions of ur lawyer. He will never file a suit since he knows that his claim is baseless and he has no genuine will to show. Had he had genuine will. he would not have remain silent and threaten. he just wants money from u. For example if u had a genuine registered will in ur hands, would u take prompt action or keep threatening that person forever? so it is entirely in ur favour and will soon settle down in ur favour only.

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