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raja (owner)     24 January 2017

Registered will -

Dear Sir,

Kindly allow me to elucidate the matter. Inconvenice regretted.

1) In 1955 Sri Sivanasen purchased a property here after represented as Item No 1. and Item No 2. via sale deed. He is unmarried and also a Lord Siva Devotee. In 1965 at the age of 75 he regestired a will infavour of his follower Mr. Raman ( married and blessed with two kids) under a conditional clause as Item No 1 should not be sold (பந்தகப்பருதீனம்) and Item No 2 can be sold for the development of Item No 1 property.

2) I m a bonafide purchaser of Item No 2 in 2010.

3) From the above sale amount, not even a penny has been expensed towards development of Item No 1.

4) In 2012 Mr. Raman wirtes a setellement deed infoavour of his sons and he died on 2014 December at the age of 85.

5) Mr. Surender  filed a case in Sub - court to cancel the above settelment deed and also th disclose the expenses register from the saled property.

My Query :

a) Am i a valid purchaser

b) Mr. Surender plea is valid before the court. Does he have a right to disclose the expenses done from the saled amount.

Thanks in Advance

Dr.Raja.



Learning

 2 Replies

Kumar Doab (FIN)     24 January 2017

Who is Mr. Surender?

How do cases filed by him affect you?

Are any negative aspersions casted on purchase by you?

Kumar Doab (FIN)     24 January 2017

 

(a)The Last wish in the WILL of the testator is supreme.

The WILL as per your post is registered.

Registered WILL is not easily set aside on counts of authenticity.

The certified copies of the WILL, death certificate, etc are to be submitted to authority under whose jurisdiction property falls to act upon the WILL.

The authority, per laid procedure, may ask NOC from legal heirs of testator/release advt in newspapers for objections, if any.

Once authority is satisfied, it may transfer the property in the name(s) of beneficiary (ies).

If the WILL is contested it may land up in probate court of pecuniary jurisdiction.

Once the WILL is acted upon without any cloud on it, the beneficiary in the WILL attains rights equal to that of owner.

The owner can sell.

If say Raman was owner without any cloud/doubt then he could sell to anyone including you.

 

You may relate your case accordingly.

 

(b)It is matter between seller ( and beneficiary in the WILL) that collected the proceeds and any other party that is affected due to violation of extent clause of spending money on development from proceeds of sale.

  

 

 

 

 

 

 

 


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