Dispute in owner ship of land
prakash
(Querist) 09 October 2018
This query is : Resolved
Sir,
MY grand father had bought a piece of land along with 5 other persons.Thus he became owner of 1/6 part of the land.My grand father died in 1975.In his last written,signed and witnessed will he mentioned that 1/6 part of the land should be given to my father.Unfortunately my father misplaced the will and the land remained in the name of my
grand father.
My father also died in 1998 and my mother died in 2002.In the year 2011 while going through the old files of my father I found the will of my grand father.After that I started the procedure to put the names of all remaining legal heirs of my father in government records.For this the concerned authority told me that in this case first your father's name will come in records after that the name of your father and mother should be removed and all legal heirs names will be admitted to all records.I completed the whole procedure and became co owner along with my sisters of the said land.
After that my sisters withdrew their right from the land by submitting separate affidavits
signed and witnessed before the notary public.Thus I became the sole owner of the 1/6 part of the land.
But in the year 2013 my uncle also produced a will of my grand father and claimed that he is the right owner of the land by filing a civil suit against me.
Finally I decided to obtain a probate of the will.
Now My question is that my uncle will certainly oppose the will produced by me but can my sisters who forgo their rights in my favour by submitting their affidavits can also oppose the will claiming that they have also rights in the land.
Please advice.
Thanks
KISHAN DUTT KALASKAR
(Expert) 09 October 2018
Dear Sir,
Since your sisters given up their rights as such they may not raise further objection. However, if they have not given any registered document about their relinquishment then they may again approach the Court along with your uncle to claim the property.
