unregitered unprobated will not shown till date
m b maria prakash
(Querist) 03 August 2010
This query is : Resolved
we belons to cristian community.my grand parents were having 12 acres of land and an house as ancestirial property.they had two daughters and a son.in daughters one is my mother and another one unmarried and she died on 2006.son died on 1997 and wife is alive.my mother is still alive.My father was in army and we were not in village.my grandma died on 1971 and grandfather died on 1973.The case is when we we ware back to village we were said by the legalheirs that there is a will and 2 acres to my mother and 4 acres to unmarried and 6 acres to the son.Since they were elders my mother beleived and they too were not ready to show the will.By the way they had changed revenue records of what they said property on their name. But till date my mothers 2 acres are on the grandfathers name.In 1975 in a dispute of their said 4+6 property with the neighbour they have shown my mother as a legalheir.On1980 they together sold 2acres to some third party stating that it is an ancesstirial property.please guide me .till date will we have not seen.recenly last year for a shock they advertised in a news papper that as per the will dated 1971 ,shedule A,B properties belongs to them.please guide me in the issue and give me some supreme court judgements.THANKING YOU,
Raj Kumar Makkad
(Expert) 03 August 2010
Law is very clear in such circumstances. The possession of one legal heir of the deceased over the inherited property shall be deemed possession of all the legal heirs. So it is better on the part of your mother to file a civil suit in the area where the property exists seeking partition and possession of the whole property claiming her share as 1/2 in the entire property after demise of her unmarried sister.
No law of limitation shall come in the way and your mother has got every right to claim her one half share in the entire property including the illegally sold property by other legal heirs. That sole property shall be duly adjusted out of the share of the legal heir who sold it.
m b maria prakash
(Querist) 07 August 2010
thank you, please send me some judgements sir,will be very usefull for me thanking you
m b maria prakash
(Querist) 07 August 2010
thank you very much for Mr.Raj kumar makkad and S.Subramanian send me few judge ments.
m b maria prakash
(Querist) 13 August 2010
As you said i got ad interem injection now.defendet filed avakalathnama.next hearing is on 03/09/2010.What will be the court case procedings from here on. Please sir,can you guide me.
m b maria prakash
(Querist) 13 August 2010
As you said i got ad interem injection now.defendet filed avakalathnama.next hearing is on 03/09/2010.What will be the court case procedings from here on. Please sir,can you guide me.
