25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amit (student)     06 May 2008

help needed

My grandfather purchased property on attorney, Gpa in name of my father, and Special PoA in Grandfathers name. He wrote 2 wills, in latest will he bequethed all property to my father.This will, he signed on x date and got it attested by witness on y and z dates. This will is handwritten. My Tau filed a suit for partition , mandatory and permanenet injunction in which partition in six poetions was decvided and permanent injunction was decreed. We filed will, gpa and bedakhal notice in newspaper and handwritten docs in that case, but due to bar counsel strike, cross of plaintiff(tau) was done by my father himself and we lost that case as will was not proved. We filed a appeal in High Court, which is pending. Now we filed a probate case, in which we filed both wills and asked for probate of latest will with one attesting witness in court. We asked for bank opening of my grandfather and put signature experts opinion matching sign on wills and account opening form. Other party said will is forged and resjudicata apllies. Now this probate case has also been dismissed. What can we do now, further can we ask fo probate of earlier will in which my father and chacha are given 50-50share. We have all genuine documents will, handwritten debarment by my grandfather against my tau. Property purchased by my grandfather with Gpa in my fathers name and Spa In his (grandfathers)name. Can by virtue of Gpa my father becomes absolute and lawful owner of said property, Kindly guide with your opinipns, Due to this we are loosing faith in judiciary


Learning

 6 Replies

Guest (n/a)     07 May 2008

hi amit frst of all i want to tell you that by will your father will be owner only on the property which ur grandfather have self-aquired because on ancestral property which your grandfather have acquired from his ancesstors the will is not applicable . so in ancestral property your tau ji has intrest which he will get but the property which your grandfather have self-aquired it will goes to your father if will speaks about it too. hopw you understand my views .

Prakash Yedhula (Lawyer)     07 May 2008

The general power of attorney has no validity after the death of your grandfather nor it will give your father any right over the property. Regarding the probate of the earlier Will, it all depends on the pleading you made in the suit and the probate petition that was dismissed. You cannot play hard and fast when it comes to court matters.

Ajay kumar singh (Advocate)     07 May 2008

you have written about two WILLS. Are both the wills for the same property? If yes, pl note that when aSECOND WILL is made,the first Will automatically loses its force. Agitate the dismissal of probate case the upper court.

amit (student)     07 May 2008

but sir if onlatest will is dismissed, can we ask for probate of earlier one

amit (student)     07 May 2008

but sir if onlatest will is dismissed, can we ask for probate of earlier one, bealso tell abt all 3 sign on different dates

pawan kumar (-)     20 April 2011

I ENTERED INTO AGREEMENT TO SELLPLOT OF LAND FOR RS40LAC AND PROSPECTIVE BUYER PAID ME RS. 7.5LAC AS ADVANCE AND REMAINING AMT. WAS TO BE PAID AT THE TIME OF REGISTRATION,WHICH WAS FIXED 31-03-2009.ON 31MARCH BUYER  REQUESTED FOR ONE MONTH TIME FOR REGISTRATION AND PAYMENT  OF BALANCE AMT.HE, HOWEVER PAID ADDITIONAL 10.00LAC AND ONE MONTH EXTENTION WAS AGREED BY ME BY WRITTING ON THE AGREEMENT ITSELF. BUT SINCE THEN HE HAS NOT BOTHERED TO PAY BALANCE AMOUNT AND NOT ASKED FOR REGISTRATION.PERIOD OF 2YEAR HAVELAPSED FROM DATE OF AGREEMENT. I HAVE SENT LEGAL NOTICE 1YEAR BACK TO PAY BALANCE AND GET REGISTRATION BUT NOTHING HAPPENED.POSSESSION OF PLOT OF LAND IS STILL WITH ME. PL. GUIDE WHEATHER I CAN SELL TO OTHER PERSON. IN AGREEMENT IT WAS CLEARLY MENTIONED THAT HIS MONEY WILL BE FOREFEITED IN CASE  REGISTRATION IS NOT GOT DONE LATEST BY 31-03-2009


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