ankitkhetan 02 May 2015
Kumar Doab (FIN) 02 May 2015
It appears that you are interested to get the property.
Although you have attempted to elaborate the matter the Online discussions have its own limitations.
It shall be better if you spend quality time with a seasoned counsel, in person and show all docs and happenings on record, and proceed further after understanding merits and remedies.
Based on your next post some more inputs might be possible.
ankitkhetan 05 May 2015
Yes sir, indeed I am interested in the property, but not at a cost where the money is at risk. I've put forward the entire case history, please provide your valuable comments. Further, i'd request you if you can go through the following case laws:
1. Mt. Azimunnisa Begum v. Sirdar Ali Khan & others [AIR 1927 Bombay 387]: It was held that the property had vested in the executor by virtue of the will and even if it is afterwards detected that the will was forged, all acts of the executor in respect of the suit premises, where bona fide purchasers are concerned, must be regarded as valid.
2. Valerine Basil Pais (dead) by LRs. v. Gilbert William James Pais & another reported in 1993 (2) Kar. L. J. 301:
the grant of probate establishes the genuineness of the will and the person in whose favour the probate is granted is entitled to convey the title arising out of the will probated by the Court. It may happen that the propounder did not take appropriate steps, by mistake, to notify the other heirs before obtaining probate. But the third party who acts bona fide and deals with the grantee cannot be made answerable to the fraud or mistakes committed by the propounder.
3. Crystal Developers vs Smt. Asha Lata Ghosh ... on 5 October, 2004: This is a very long case law, but an important one too, since has been decided by the apex court.
Please provide your valuable comments.
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 27 January 2016
CONSIDER THIS:
1. Instead of "fiddling" around the modalities & probabilities relating to the will, more so then all the legal heirs /beneficiaries are ready to further sign on all related papers, in your favour, it would be better for the legal heirs /beneficiaries to execute a duly stamp duty paid & registered "Family Settlement Deed" on the current date, with the relevant customised clauses, and declare that the deceased's property has been sold to xyz, and unconditionally & irrevocably agree to the same, (with or without some terms and conditions or consideration) without any further reference to the probated will.
2. The above will solve all issues, permanently and the "Title-Ownership" at the hands of the new purchaser will thus be established.
Keep Smiling .... Hemant Agarwal
Read Articles: https://hemantagarwal21.blogspot.in/?view=sidebar
Kumar Doab (FIN) 27 January 2016
HC has granted the probate.
Thereafter the registered family settlement covering all aspects can be arrived at.Deposit in the name of minor ( say with PO/LIC) can be agreed upon and covered in family settlement.
Let your very able counsel draft and register everything.