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Sandee Dwivedi   12 June 2017

Unfair ownership added to my property

Dear Sir,
My mother passed away two years ago. She had the registration of the land and house in her own name from the beginning, the house in which we live. Before passing away she declared her last will which is perfectly executed and witnessed but it is unregistered. She declared clearly that this property will be partially transferred in to my and my sister's name. My deceased elder brother's wife has bribed the municipality and the officer has ordered to put her name on the property along with me and denied to add my sister's name. I've gone against this decision in session court but my lawyer is neither clarifying anything nor telling any progress. what should I do now and how should I do it, please guide me sir.

We were total four siblings of which elder brother and one sister are already passed away. My father passed away long before. The house (property) I am discussing about was registered on my mother's name. My elder brother was married back in 2004 and had an offspring (son) the same year. His wife always demanded for money and her  part in the property which my brother denied as it wasn't his property at all. Annoyed with him, his wife left him in 2005 and lodged a  case for compensation in 2008. My brother fell ill seriously and wasn't able to attend any of the dates issued by the court. He died in 2013. His wife got his job being her successor. My mother  the rightful owner of the  property died back  in february 2015, before passing away she declared her will mentioning only me and my sister as her rightful successors and also mentioning that my brother's wife and her  son will have no rights whatsoever concerning this property. Brother's wife and We(me and sister) applied for transferring the property in our name, where I produced the unregistered will and brother's wife furbished her appointment letter. The municipal officer was bribed by her and thus he ordered that her name should be put on the property. I went to the session court against this decision through my lawyer, earlier he kept confusing me that everything will be fine but when I asked  him strictly he said it will take unspecified time to this case being resolved (15 years or more) and it is not clear that who'll win. I studied and researched for the hindu succession act and its ammendment and found that the unregistered will itself is sufficient to reverse the order of municipality. However, knowing my brother's wife's nature, I am worried that her name is already being put by the municipality, how can I stop her from entering here and capturing some part  or the whole house or how she may not be albe to sell her part to someone else, how can I get the order of the municipality being reversed and  done as per mentioned by my late mother in her last will. What measures and procedure shall i take to protect me and my sister and acquire back what is rightfully ours. 

regards,
Sandeep Dwivedi



Learning

 11 Replies

Azhagananth (Lawyer)     12 June 2017

Need more brief statements on " My deceased elder brother's wife has bribed the municipality and the officer has ordered to put her name on the property along with me and denied to add my sister's name. I've gone against this decision in session court ”
1 Like

Sandee Dwivedi   12 June 2017

okay sir. We were total four siblings of which elder brother and one sister are already passed away. My father passed away long before. The house (property) I am discussing about was registered on my mother's name. My elder brother was married back in 2004 and had an offspring (son) the same year. His wife always demanded for money and her  part in the property which my brother denied as it wasn't his property at all. Annoyed with him, his wife left him in 2005 and lodged a  case for compensation in 2008. My brother fell ill seriously and wasn't able to attend any of the dates issued by the court. He died in 2013. His wife got his job being her successor. My mother  the rightful owner of the  property died back  in february 2015, before passing away she declared her will mentioning only me and my sister as her rightful successors and also mentioning that my brother's wife and her  son will have no rights whatsoever concerning this property. Brother's wife and We(me and sister) applied for transferring the property in our name, where I produced the unregistered will and brother's wife furbished her appointment letter. The municipal officer was bribed by her and thus he ordered that her name should be put on the property. I went to the session court against this decision through my lawyer, earlier he kept confusing me that everything will be fine but when I asked  him strictly he said it will take unspecified time to this case being resolved (15 years or more) and it is not clear that who'll win. I studied and researched for the hindu succession act and its ammendment and found that the unregistered will itself is sufficient to reverse the order of municipality. However, knowing my brother's wife's nature, I am worried that her name is already being put by the municipality, how can I stop her from entering here and capturing some part  or the whole house or how she may not be albe to sell her part to someone else, how can I get the order of the municipality being reversed and  done as per mentioned by my late mother in her last will. What measures and procedure shall i take to protect me and my sister and acquire back what is rightfully ours.

regards,

Ms.Usha Kapoor (CEO)     13 June 2017

In sessions court you amend your petition by adding that  and praying for permamnent injuntion add praying for permanent injunction preventing your brother's wife  from entering your house and selling it to someone else.Prior to this issue a Legal notice to the Seller.Asdd Municipality alspo as the opposite party.

1 Like

Azhagananth (Lawyer)     13 June 2017

 
File W.P before High court and Quash the order the adding her name. REG - "The municipal officer was bribed by her and thus he ordered that her name should be put on the property"
 
 If it is of Title/Parition suit ,sure you will succeed, but make sure that she doesnot create a new will defrauding the signature. if your mother is a senior citizen you can state the same ands dispose the case at earliset. REG - " Once a Judment  I went to the session court against this decision through my lawyer, earlier he kept confusing me that everything will be fine but when I asked him strictly he said it will take unspecified time to this case being resolved (15 years or more) and it is not clear that who'll win".

 
1 Like

G.L.N. Prasad (Retired employee.)     13 June 2017

Mere mutation may not give ownership rights.  Possession and enjoyment is also important factors.   There is already negligence on your part.  Now contact a local advocate and get remedy by filing a complaint against those who has mutated the property in their names.

Unless you disclose the will and mutate the property, how any one knows the facts ?  You can file RTI Application and seek all documents submitted by those persons who has mutated the property in their name, and take action if they are fake.

The general presumption is that in case of intestate property, all legal heirs can claim equal share.  I have my own doubts about the will, as she can only bequeath the property only if it is streedhana or self acquired.  Such status was not stated by you.

Remember, posting complicated issues in open forum, with incomplete details is not proper.  Contact local advocate and take action to establish your rights.

1 Like

P. Venu (Advocate)     13 June 2017

Mutation in Revenue or Municipal records do not create or extinguish or alter title. However, the facts, as stated, lacks clarity. What do you mean by "She declared clearly that this property will be partially transferred in to my and my sister's name"?

 

Sandee Dwivedi   13 June 2017

I'v e corrected my query and given full details about my case. regards,

Dr J C Vashista (Lawyer)     13 June 2017

No opinion can be formed and advise rendered on the basis of incomplete information.

If you are dissatified with your lawyer or lost faith in him, change immediately.

2 Like

Kumar Doab (FIN)     13 June 2017

Wise are those that change their lawyer without delay if lawyer is not competent, efficient, honest, and faith is lost.

 

Better avail considered opinion by showing all docs, inputs, information from a very able senior counsel of unshakable repute and integrity at your local location specializing in revenue/civil maters.

 

1 Like

Kumar Doab (FIN)     13 June 2017

If the WILL exists it has to see light of the day.

It has to be acted upon.

Was it  submitted to authority under whose jurisdiction property falls and process of Testate Sucession completed? 

 

1 Like

Kumar Doab (FIN)     13 June 2017

In such case either the property ownership could have been transferred in the name of beneficiaries or probate of WILL could have been asked for.

 

You may go for 2nd opinion at your location. 

1 Like

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