Exec of will & declaration of property under land ceiling
Querist :
Anonymous
(Querist) 25 September 2017
This query is : Open
Respected sirs,
I am not able to categorized exactly my query comes under which category. it is related to Family matter, Property issue and Civil related.
My query as follows.
My uncle(my wife's father)had so many agricultural lands(more than 70 Acres) and got a notice on 05-05-2010 from Revenue Divisional Office for seeking explanation regarding lands he owned as per Andhra Pradesh Land Ceiling Act 1973. Then on 07-05-2010 he executed a will(fourth and final will) and registered it on his third wife's(first and second wives passed away) children (two sons)and first wife's son. After this process he appointed an advocate and submitted his property details to the said RDO on 15-05-2010.
In that declaration My Uncle mentioned as a family unit and included all the children of three wives total 7(2(D&S)+3(D,D&S)+2(Sons)) and his third wife names by stating that "the said property is not comes under AP land ceiling Act 1973, where all family members are with him and no excess land"
On 11-09-2010 My uncle passed away and later the RDO tribunal inquiries continuing till date.
Recently after 7 years, the first two wives children received notices from RDO and came to know (first time) that the complete case study which i mentioned above.
Now my questions and doubts are as follows:
1. The Will executed and registered is valid or not.?
2.Can we have a right on the said property where our names included and declared as a family member and Family Unit?
3. The third wife selling properties which are in my Uncle's name and pending a Case at RDO Tribunal by showing the registered Will. Is SHE and her sons(one Major & One Minor) have right to dispose those properties.?
4. What is our right and Stand in this Case?
Kindly suggest me to proceed with a proper right.
P. Venu
(Expert) 26 September 2017
Is this property ancestral or self-earned?
Querist :
Anonymous
(Querist) 26 September 2017
Self-earned sir.
Kumar Doab
(Expert) 26 September 2017
Aq………………….so NO reply.
Kumar Doab
(Expert) 26 September 2017
Pls post with your ID and you can get many replies………….
Querist :
Anonymous
(Querist) 27 September 2017
My name is PRASAD, hails from Visakhapatnam, Andhrapradesh. Please suggest me to face hurdles.
Rajendra K Goyal
(Expert) 27 September 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
P. Venu
(Expert) 27 September 2017
The declaration made before the RDO, in order to overcome the rigours of the Land Ceiling Act, did not constitute a Will. Even if it could be considered as WILL and a manifestation intention of the Uncle to bestow the property to the children mentioned therein, subsequent WILL renders it inoperative. All that could be enforced is to bring the changed scenario to the notice of the RDO, so that the rigours of the Law could be given effect accordingly.
Of course, the best option is to bring the inequity to the beneficiaries of the WILL and try to work out an amicable settlement so that all the members of the family are benefitted.
P. Venu
(Expert) 27 September 2017
My learned friends Rajendra K. Goyal & Kumar Doab:
Kindly permit me to point out that the querist has raised a highly interesting issue. Let us not trivialise the issue that he has posted it "anonymous".
Looking forward to your enlightened and whole hearted cooperation.
Querist :
Anonymous
(Querist) 27 September 2017
Thank you very much Venu sir. I am new to the website and this forum also. I dont know the procedure of posting my query and sent as anonymous. I was eagerly posted to know the best suggestions to handle my situation. Thank you Goyal Sir. I will try to post my query again with my details as you suggested.
Querist :
Anonymous
(Querist) 27 September 2017
Sir, According to the RDO concern, he is verifying whether there is an excess land or not. But my UNCLE is no more and mentioned property in his declaration as "FAMILY UNIT" with all family members names. With reference to the point FAMILY UNIT we are claiming for equal share, irrespective of WILL. But the third wife submitted WILL(first time we came to know regarding this WILL ) and demanding full share according to WILL.
The RDO itself trying to close the CASE in favor of her. We heard something happened behind the screen for the cause of his intention. That's why i am searching for the experts suggestion like you to face my situation.
Hence please consider this post and give your valuable suggestion.
Querist :
Anonymous
(Querist) 27 September 2017
Sir, According to the RDO concern, he is verifying whether there is an excess land or not. But my UNCLE is no more and mentioned property in his declaration as "FAMILY UNIT" with all family members names. With reference to the point FAMILY UNIT we are claiming for equal share, irrespective of WILL. But the third wife submitted WILL(first time we came to know regarding this WILL ) and demanding full share according to WILL.
The RDO itself trying to close the CASE in favor of her. We heard something happened behind the screen for the cause of his intention. That's why i am searching for the experts suggestion like you to face my situation.
Hence please consider this post and give your valuable suggestion.
Kumar Doab
(Expert) 27 September 2017
Dear Mr. P.Venu,
The query is indeed interesting.
Hope you shall agree that it was Experts decision to not to respond to AQ and querists that were abusive.
Although you, Mr. Rajendra K Goyal, me and experts rushed to support Expert being attacked the facts are very well known to you.
The conduct of entities like IT=@PSD has been despicable.
You have also been abused.
Then there is flush of queries being posted as fake AQ just to salute a fake entity from multiple fake ID’s and allure and fleece the unsuspecting querists.
The essence and spirit of your message to support and help querists at LCI as much as possible by online discussions that is for noble cause and social service is appreciated.
The querist in this thread has gentle and has posted that he is posting the query with his/her ID.
I shall post with you with my limited understanding.
With Regards
Kumar Doab
Querist :
Anonymous
(Querist) 27 September 2017
Sir, According to the RDO concern, he is verifying whether there is an excess land or not. But my UNCLE is no more and mentioned property in his declaration as "FAMILY UNIT" with all family members names. With reference to the point FAMILY UNIT we are claiming for equal share, irrespective of WILL. But the third wife submitted WILL(first time we came to know regarding this WILL ) and demanding full share according to WILL.
The RDO himself is trying to close the CASE in favor of her. We heard something happened behind the screen for the cause of his intention. That's why i am searching for the experts suggestion like you to face my situation.
Hence please consider this post and give your valuable suggestion.
P. Venu
(Expert) 27 September 2017
Dear Mr. Doab,
In my limited knowledge and humble opinion, an abusive posting is quite distinct from the case of an author who chooses to be anonymous.
Kumar Doab
(Expert) 27 September 2017
Dear Mr. P. Venu,
I concur with you the querist being gentle.
He/she is posting query with his /her ID as posted by him/her.
His ID can be even PRASAD.
I have been suggesting that even querists may not post their email id's/phone numbers/photos/logo/address etc etc in query.
I shall be posting with you with my limited understanding.
Your endeavor to help the querists for noble cause and social service at LCI is appreciable and whole heartedly appreciated.
Guest
(Expert) 27 September 2017
Mr. Kumar Doab, a fake expert and with unreal name, can only be expected to fill up vast space of the website with his vague and useless posts, as he cannot be expected to advise any querist due to his being quite ignorant about law.
So, he did only that on this query also by making 4 vague posts.
Not only that, he even tried to desist the expert, Shri P. Venu from providing solution to the problem.
Guest
(Expert) 28 September 2017
Mr. Jigyasu,
it is very simple to understand that an anonymous (fake) expert, Mr. Kumar Doab, prefers to hide himself, but wants that everyone else should be visible to him.
In fact, when he does not find any solution to suggest to the querist, he simply writes, "AQ ..... so NO Reply," while on others, when he sees that the information of the author of the problem can be misused by him for making vague lengthy, confusing and misleading advice, he replies even on anonymous queries.
Needless to mention, he is a two faced personality, but without face at the LCI, as he refrains to post his real name, picture and even the place of his location at his profile on LCI.
Only God can save querists from such type of cheater, fake and faceless experts.
Guest
(Expert) 28 September 2017
Mr. Jigyasu,
You can observe one more thing. Both the anonymous experts in hide and associates of each other, one (Rajendra K Goyal) behind the pic of a 2 years old infant and the other (Kumar Doab) without face, like posts of each other by clicking the button of "like" to show that their posts are useful for the author, while they do not add any value for the author of the problem through their useless posts.
Thus, they don't even shy in cheating even to hoodwink the admin of the LCI to show that their posts are liked the most by the readers.
LCI ADMIN MAY ALSO LIKE TO SEE FOR CONSIDERATION, HOW A POST CAN BE LIKED WHEN DOES NOT ADD ANY VALUE FOR THE AUTHOR OF THE PROBLEM? IT IS A CLEAR CUT CASE OF CHEATING THE ADMIN AS WELL AS THE READERS ON THE PART OF BOTH SHRI RAJENDRA K GOYAL AND KUMAR DOAB.
Guest
(Expert) 28 September 2017
When your Finger point out to some one as Anonymous there are three other fingers points out you as unknown Anonymous"-Applicable to one who deserve.
Querist :
Anonymous
(Querist) 28 September 2017
Dear all, i think my query made miserable among you. Sorry for the cause.
If everyone thinking that I am fake(after posting a lengthy query with dates and all), ignore me and my query. I will close my query. Please sir, this portal become popular with wise experts and ideas. I don't want to spoil the image of LCI.
Thank you one and all.
Guest
(Expert) 28 September 2017
Dear Author of the query,
Not you, hint is about the fake and anonymous experts, who falsely pose to be experts, but only try to confuse the authors of the problems by making their vague, and misleading posts and also try to put hindrance for the real experts to render their advice, so that the needy persons facing any problem may not get appropriate solution.
Question arises, when they have decided not to reply to the anonymous query, who compels them to reply such queries. Contrary to their own writing, no reply to "AQ" or "anonymous query," they still post their reply, but only with mischievous vague posts. THEN WHY THEY REPLY AND WITH WHAT PURPOSE.
Another question arises, if an author of the query does not want to reveal his identity for some valid reason, why these fake experts should compel those querists to post their identity, while they, themselves keep themselves hidden from the public, so that anyone should not know who is the person posing as self styled expert, who openly cheat anyone and everyone with their misleading and wrong advice.
If they are real experts, thy must show their face at the LCI. WHY THEY PREFER TO REMAIN UNDERGROUND LIKE HARDENED CRIMINALS OR TERRORISTS?
Your problem has already taken care of by a knowledgeable expert, Shri P. Venu. So, you need not bother about some hidden cheats..
Dr J C Vashista
(Expert) 30 September 2017
As stated by you, your uncle had bequeathed the self-acquired property, it has changed the status of the land in the hands of beneficiary of the Will.
The subject land stand disbursed amongst beneficiaries and may be "out" of the preview of AP Land ceiling Act, check with a local lawyer.
Whatsoever, what is the objection taken by RDO with respect to land to be declared under AP Land Ceiling Act?
It is advisable/better to consult a local lawyer with all relevant documents for proper appreciation of facts, applicability of local laws, guidance and proceeding, if required.
Querist :
Anonymous
(Querist) 30 September 2017
Thank you sir.
My Uncle executed a Will, when the third wife objected to declare his properties as a FAMILY UNIT. And his intention to take advantage of this declaration too.
Everything went positive to the third wife also. Unfortunately my Uncle passed away(?).
Now my doubt is, he himself declared in front of the RDO Tribunal as a Family UNIT. So which will stand "Will or Declaration". I think both are irrelevant?
So shall we challenge the WILL based on his declaration?
The RDO is influenced not to give his decision as Family Unit.? If so we will have chance to claim.
If it is not a FAMILY UNIT, there will be an excess land according to Land ceiling Act.
I consulted a local lawyer, and he is going to file a suit for partison of property based on declaration of my Uncle.
Is it correct?
Please suggest me .
Kumar Doab
(Expert) 30 September 2017
IT=@PSD from all of IT's multiple fake ID's including that have been blackened/blocked/shunted out ,
Today also in all threads IT's=@PSD's contribution is NIL and ZERO.
From day 1, IT's=@PSD's contribution is NIL and ZERO in all threads.
IT=@PSD has wasted another day in littering IT's=@PSD's TRDAEMARK TAMASHAA (IT's=@PSD's own favorite term) , SARACASM,ABUSE as per IT's=@PSD's DIE HARD HABIT (IT's=@PSD's own admission) ..........................
IT=@PSD has wasted another purposeless day in IT's frustrations..............
Guest
(Expert) 30 September 2017
Another instance of Mr. Kumar Doab exhibiting the state of his disturbed mind through his latest absolutely vague post!
He should better clarify, who is the fake ID person, who has been blackened, blocked or shunted out? In my view, there is only one person, Mr. Kumar Doab (unreal name), who is appearing with his fake ID.
Querist :
Anonymous
(Querist) 06 October 2017
I have received nothing except some experts concern like Shri. Venu sir, Dr. Vashista sir. Unfortunately those experts also kept quite because of mischief of some other experts.
I consulted here in visakhpatnam a local lawyer. Even though i need some more strength from an experts like you to support my local lawyer. Unfortunately I missed the chance here because of some mischief.
My sincere request to all experts, If anyone dont want to respond to query, then leave a space to others who really humble to help others like me.
Thank you one and all.
PRASAD, VISAKHAPATNAM