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IV singh   11 May 2022

Illegal registry

Hello there,

     I need some advice regarding a law suit in my family. My grandfather expired in 2002 but he had a registered will in 1994 in which he clearly mentioned who all gets what right of his property. The will is registered and kept at the ADM finance office. Now in the will he didn't gave my grandmother any rights to his property and it was mentioned that all the sons will take care of her and her health which we all did until she expired in 2012. 

Now there was a third party who used false papers and got her name in the KHASRA KHATONI in 2007 and because of that one of my family member used those papers and got our house registered in his name. But we filed a suit and we won and the KHASRA KHATONI got cancelled. 

Now we are in talking terms with the family member who illegally got our house registered in his name and always keep saying that we will sort it out mutually but does not do it. 

So I want to know that since my grandfather's will was registered in 1994 and my grandmother's name got added in 2007 which was cancelled by the court. So won't the registry be invalid or illegal as it was entirely done on the basis of that document. 

And can the DM cancel the registry if we approach him with all the documents ?

 



Learning

 3 Replies

anubhav Bhatt   12 May 2022

DM can't cancel the sale deed for that you may file Cancellation of Sale Deed before court for more clarification you may contact us then I'll elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 📱 9198889990

Dr J C Vashista (Advocate)     12 May 2022

Facts posted involve some deeper legal issues.

It is better to show all relevant documents to a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

Aadarsh Pandey   12 May 2022

First of all, Have you read properly the will registered by your grandfather ?

Read the will properly and see who have the rights to his property.

Secondly,the thing is like if once a deed is registered it cannot be cancelled.Will is subject to any modification or cancellation during the life time of the testator.The original Will stands cancelled by his making only, a declaration to that effect later as a Will is subject to any modification or cancellation during the life time of the testator.

But once if you want you can try to reach out to higher authoritires as mentioned above with proper documents and knowledge of the will.

For further queries,

kindly feel free to reach us.


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