Bharathi 18 March 2016

Property will

I have purchased an agricultural land in Tamil Nadu last year 2015 from a person X. This land was transferred from X's mother through succession law after mother's death in the year 2000. Patta, Chitta and revenue documents were changed to X's name. Person X was the only child of her parent. I have purchased after verifying all the documents and EC for the last 32 years. No issues in EC. It was a self acquired property of X's mother.

Now, another person Y came and encroached land saying that he has a WILL written by X's mother before her death. We have found that the WILL is a registered one, but not probated so far. Since it was not probated, it didn't come in EC. Person Y filed a case mentioning that he is in the possesion of the land from the year X's mother's death in 2000 and land belongs to him. Person 'Y' is politically influenced person.

Can you please advice what to this case. I don't know why the person Y didn't disclose the WILL for the past 15 years. He didn't obtain probate also. What should I do this case? I lost sleep due to this. What is the probability of winning this case. How to proceed?

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7 Replies

adv.raghavan (Advocate,9444674980) 21 March 2016

How come you got property without possession? According to sale deed X is suppose to indemnify you against all intrusions and losses, what is his stand on this? ask him to do the needfull as You are the legtimate owner of the property , it is up to Y to substantiate his claim not you.

Bharathi 21 March 2016

Dear sir,

Thanks for your reply. After purchasing, I got the possession of the property. I was able to transfer to my name in revenue documents like patta, chitta and adangal. After two months of possession, person Y enchroached the property and thrown me out of the property. He is a political influential person. I am new to the place. So I am helpless. Person X is not helping me. He says it is not his responsibility. I am confusion whether to file a case against X or defend against Y. Person Y's WILL is registered one, but not probated so far after 15 years of death of X's mother. He has only WILL. No other documents to support his claim. Person Y says he will prove the WILL in court. Please provide your advise. What are the chances of getting the case in my favour.

adv.raghavan (Advocate,9444674980) 22 March 2016

suit for recovery of property along with injunction, you have good chance of coming through, but it will be long drawn legal battle.

Bharathi 22 March 2016

Thanks sir for your help. I have couple of questions.

In case if I loose the battle against person Y, is it possible to file a case against person X (who sold to me) to recover the money which I paid for buying the land? If so, what should I do?

Since the person Y is having unprobated registered WILL, is it possible to prove that the WILL is fake? If so, what should I do?

adv.raghavan (Advocate,9444674980) 23 March 2016

You have little chance to succeed against the seller, but u have good chance against trespasser. The onus lies on trespasser to prove his title, so concentrate only on eviction and recovery of property.

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vishal singhal 26 March 2016

Oh my God! Its horrible. Do one thing file a single case in together against X & Y. On the verge of fraud as well as harassment. Both X & Y in together made a conspiracy and conducted the fraud. You should collect some evidence that how X & Y is being related. That its being a deal between the both, to harass an innocent party. One thing is for sure you need to file a case, (unless you are bahubali) its better take both the parties together in a single case rather going one by one. So in either scenario you will win, but it will take time. Be patient... Its life... If you are not wrong definitely you will win.