Restoration of right in land
RK
(Querist) 15 August 2014
This query is : Resolved
Dear Sirs,
My father was expired in August 2003 when I was 19 years old (Single) and my elder brother 30 years old (Married). Before he died made a WILL in the year 2002, that the Property bearing SY No. 324 Area 200 Sqmtrs. On which one RCC two storyed building was constructed will be divided in equal ratio (i.e Equal ratio in Land as well as in RCC building) .
I was emotionally & mentally upset due to sudden demise of my father and completely dependent on my elder brother. One year later, in 2004 my elder brother mutated the land in his own name by threatened me and took my willingness forcefully.
Sir, My question is what are remedies now available for me to restore my right in the said land as well as in RCC Building.
Hoping for positive reply
Devajyoti Barman
(Expert) 15 August 2014
Mutation does not make him ful owner.
Apply fr probate of the Will or on the basis of Will aply for partition of your half share.
RK
(Querist) 15 August 2014
Sir,Thank You Very much for ur suggestion.
Deepak Nair
(Expert) 15 August 2014
Rightly advised. You can go ahead with probate of the will and for partition of the property.
R.K Nanda
(Expert) 15 August 2014
agree with experts.
Rajendra K Goyal
(Expert) 16 August 2014
You can file suit for partition after getting the will probated.
Raj Kumar Makkad
(Expert) 16 August 2014
I do agree with the advice of getting the will probated as the same is highly belated. The will can be challenged or executed within a period of 3 years. You have already given your consent to transfer the whole property in favour of your brother when you had become major hence there are very bleak chances to expect any share in that property.
I suggest you to obtain the certified copy of that document, which was given by you in favour of your brother and then obtain the opinion of a local lawyer and follow his advice accordingly.
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
In my opinion too, you may go for partition suit since it is belated stage for probating the Will, this suit may fetch some relief.
