Transfer and mutation of property after demise of owner
Apratim Biswas
(Querist) 17 April 2012
This query is : Resolved
Dear Sir
Request your advise in layman's language.
One (Mr X) of our relatives who owned a property in Delhi passed away. There are 5 legal heirs (A, B, C, D and E - all siblings).
Before Mr X died he left a WILL on plain paper (leaving everything to Mr A) which is neither registered nor formally witnessed.
The current situation is that B, C and D have now gone in front of the Property Registrar and gone through the formal process under oath of surrendering their share of claim on the said property in favour of A.
The last heir - E, is staking claim and wants his share. Thus, E is not ready to surrender his claim in favour of A. E is putting various kinds of pressure including threats of taking illegal steps against A. A is old, frail and not in a possession of ample to money to pay E off. Moreover, this is the only property that A has it is his primary residence. The property has been in possession of A from the time that it was acquired and Mr X was still alive and part of it was even paid for by A from his own income.
E the claimant, though keeps threatening A with many things including the threat of going to court. E still hasn't gone to court.
Please advise what are the recourses available to A and how best can this situation be closed out?
Devajyoti Barman
(Expert) 17 April 2012
A can not avoid or deprive E from getting his equal share if the Will is not given any effect more so when it appears to be not validly executed.
As far as threats are concerned A can take appropriate measures under criminal jurisprudence to punish E for this offence.
Apratim Biswas
(Querist) 17 April 2012
Dear Mr Barman
Thanks for the reply.
Three more queries:
1) How can this will be proven valid? If there was a witness present at the time of the execution and that person says so under oath, will that make it valid? Or, if the other heirs admit under oath that this was written by the deceased?
2) Also, if a payout needs to be calculated, can the amount that was paid by A for the initial purchase, be apportioned before calculating the dues?
3) Under the aforementioned conditions of threat etc. which will be the competent authority to approach?
Raj Kumar Makkad
(Expert) 18 April 2012
1. that E shall also admit that the will was validly executed by his father.? If he is ready then there is no problem for you and even there is no need to raise this query. Even the evidence of another person is of no help for you.
2. No. It has no relevance with the present dispute.
3. Police.
prabhakar singh
(Expert) 18 April 2012
YOU STATE"Before Mr X died he left a WILL on plain paper (leaving everything to Mr A) which is neither registered nor formally witnessed. "
BUT IN MY OPINION A WILL CAN NOT BE HELD LEGAL UNLESS IT IS SIGNED IN PRESENCE OF TWO ATTESTING WITNESSES.
YOU STATE"The current situation is that B, C and D have now gone in front of the Property Registrar and gone through the formal process under oath of surrendering their share of claim on the said property in favour of A."
IN MY OPINION B,C and D can surrender their rights in favor of A but the mode of surrender can not be again a simple affidavit.IN fact B,C and require to execute a registered surrender deed in favor of A.
BUT NONE OF THESE EXERCISES CAN DEPRIVE A OF HIS SHARE.HE CAN GO TO COURT TO SEEK PARTITION OF HIS SHARE.
prabhakar singh
(Expert) 18 April 2012
COMING TO SECOND PART OF THE QUERY:
1)As the will is not attested by witnesses,it is useless paper and can not be in court of law.
Like B,C and D ,if E also surrenders his rights in the property that too in manner told by me only then A can become absolute
owner.
2)The fact that A has also contributed in paying consideration of the property at the time of acquisition by X ,has lost its'relevance by pass of time as property was held in single name of X.
3)However it should be realized that E has right to stake his claim for his share and on denial has right to file a law suit.HOWEVER E CAN NOT FORCIBLY EVICT YOU FROM HOUSE IN QUESTION>LAW SHALL PROTECT YOU AGAINST E's CRIMINAL ACTIVITIES THROUGH
POLICE.
Shonee Kapoor
(Expert) 18 April 2012
You have been advised soundly by the experts on this issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shashikant V. Patil
(Expert) 18 April 2012
The subject will is challangeble at any time by other legal heirs. The other legal heirs have not properly relinquished their rights from the said property.
Apratim Biswas
(Querist) 18 April 2012
I thank the experts for their advice. One last question. If A needs to seek arbitration in this matter how does one go about that?
