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vipul (Trainee)     03 August 2012

Ancestral property

 

sir,

 

There is a partyA(died), she was a Govt employee. Govt allotted some land to her and she paid all amount to Govt. She has two sons PartyB and Partyc.

Before PartyA died she made a will on the plain papper with a revenue stamp signature across it stating that after her death her property should be given to childrens 

of partyB and partyc. They both together have 7 childrens.

Govt made a registered sale deed document on the name of PartyC and wife of partyB(as party B and partA died).

 

Now at present childrens of Partyc are married. 

Partyc and wife of PartyB had a registered partition deed among themselves without including their childrens.

 

partyc constructed a building after having the partition and i was unaware of the will and i purchased ground floor by having registered sale deed.  

 

Now after 2 years PartC daughters approached court for their share as her grand mother had left will on their name. PartyC daughetrs are claiming the partition deed

between Partyc and wife of partyB is not correct as they are not included in partion according to their grand mother's will.

 

PartyC daughters has not included me in the court suit.

 

As they have approached court for their share and we have purchase based on the Govt sale deed to partC and wife of party B and partition deed between them, what implication could happen to us.

What are the measures we need to take.  Can court dismiss the partition deed between PartC and wife of PartB. 

 

Please provide your suggestions as i am confused as what i need to do in this scenario.



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 August 2012

Mr.Vipul,

A will need not be drafted or executed on a Stamp Paper,as there is no such condition under the Indian Stamp Act. Therefore a Will can be written on any plain sheet of white paper.


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