LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

deep (SWE)     02 February 2012

Declaration of house property

Hi Friends and Lawyers here!

 

I want to know about the declaration process. What is the process of "House DEclaration" all about? and hw much time it takes after filing a declaration suit in the district Court? Please respond ...

 

Thanks,

deepu



Learning

 6 Replies

sridhar pasumarthy (ADVOCATE)     02 February 2012

Dear Deep,

Nobody can say how much time does it take for disposal of a suit.

It all depends on several factors like workload of court etc.

deep (SWE)     02 February 2012

Ok Sridhar thanks for the reply..Please also let me know one more thing please if u hv idea..

We are in a middle of a deal and need your advise very quickly. 

 

We purchased a home property. The actual owner of the WIll(unregistered WILLl with 2 witness signatures) is expired and she generated a  WILL on the names of her 2 nephews(she is unmarried and she availed a reverse mortage Loan when she was alive).. Now the Reverse mortgage loan is cleared off by paying the balance amount.  When we consulted an advocate he says that the Title is not clear still and needs to file a declaration suit in the District Court. But the vendors say that the property is undisputed. We have given almost half of the amount already and now becos of the litigation the deal is pending from past 2 months. 

My Question is, whether if we go and register the property(worth 1 crore)with  the unregistered WILL, will there be any problem in future like, IF any other member from the same family comes out saying they are the lega heirs, or problem in getting the Loan in future or any other. IMPORTANT thing is that the VEndors(so called successors in the WILL document) are not from the same STATE . We are from Andhra PRadesh, this adds more fear to go for registration. And, so called Probate method is not there in AP as per a LAwyer.

Kindly please advise on the Situation i described and alternate solution for our problem. My family is suffering as we have given away half of the amount and the Vendors are not Responding to us.

 

Thanks in advance!

sridhar pasumarthy (ADVOCATE)     02 February 2012

Dear Deep,

Ur lawyer is correct in advising that probate proceedings will not apply in the state of A.P.

Have u mentioned all the names of the legal heirs of the deceased (executant of will) as defendants in the declaration suit?

Unless and until, u get a decree and judgment (final) in the suit, it is advised not to purchase the property.

deep (SWE)     02 February 2012

Hi sridhar, thanks again!

we have not still filed a suit.. we asked vendors to file and they are not yet ready, we have paid half amount already. now pls advise us wat to do? whether we go forward n file suit or any alternative?

thanks,

deep

sridhar pasumarthy (ADVOCATE)     02 February 2012

I won't suggest you to purchase the property in the circumstances of ur case.

It is not safe to purchase the property covered by unregistered will.  Chances are more to face litigation in future.

Better to take return of money.

If u still want to purchase the property, ask ur vendor to produce legal heir certificate, obtain the signatures of all of them as vendors in execution of the sale deed.

As a precautionary measure publish a public notice in the newspaper inviting objections for ur purchase. 

Also consult a local lawyer for verification of title and possession.

deep (SWE)     02 February 2012

ok. the thing is the deceased and the will successors are not having any blood relation. in this case , can they obtain legal heir certificates?

Public notice has been given earlier when we didn't know that we r in this situation. i mean, at that time we thought title was clear with that WILL..

Thanks Sridher


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query