land
Bruse
(Querist) 09 July 2016
This query is : Resolved
Dear Sir : 1961, My grandmother's(1) aunty wrote a will mentioned that all her properties have rights only to (1) and 5years old her child. Now my grandmother dead. My father sold all land because we don't have rights. What can I do. Is there any rights to ask. And time for file case
Kumar Doab
(Expert) 10 July 2016
The query is not drafted properly so as to clear message.
Apparently the owner left a WILL.
If the WILL is valid then wish of deceased owner in last and valid WILL is supreme.
The WILL may be executed and acted upon.
If the seller had not rights equal to that of owner the sale is by fraudulent means and you may consult a very able counsel ASAP.
Bruse
(Querist) 11 July 2016
Dear sir, 1961, cithamal wrote a WILL on two person 1) lakshmi and 2)lakshmi son (Samuel) and these person had rights on all properties. Cithamal died after few months. After that lakshmi maintained all properties till 2007. In 2007 Lakshmi died. Now only one person Samuel is living. He have 5 children. Samuel now selling all properties. Who have rights on properties???? And also Samuel sold below market price but paid market price on stamp. What shall I do?
Bruse
(Querist) 11 July 2016
Dear sir, 1961, cithamal wrote a WILL on two person 1) lakshmi and 2)lakshmi son (Samuel) and these person had rights on all properties. Cithamal died after few months. After that lakshmi maintained all properties till 2007. In 2007 Lakshmi died. Now only one person Samuel is living. He have 5 children. Samuel now selling all properties. Who have rights on properties???? And also Samuel sold below market price but paid market price on stamp. What shall I do?
Dr J C Vashista
(Expert) 11 July 2016
Either you are unable to draft the query properly or it is a hypothetical query.
Consult and engage a local lawyer for proper appreciation of facts, guide and proceed.
seshadri dubey
(Expert) 11 July 2016
yes I agreee with Dr. J C Vashista, please ask the query properly.
Kumar Doab
(Expert) 11 July 2016
After the death of owner/ Cithamal, the beneficiaries in the WILL, lakshmi and lakshmi son (Samuel) have to present the WILL to the authorities under whose jurisdiction the property(ies) fall.
If the WILL is accepted and not contested by other Legal heirs/successors then the properties shall be transferred as per ratio in the WILL to lakshmi and lakshmi son (Samuel).
If the WILL is contested then probate of WILL is required.
If it is mandatory tom probate the WILL at your location then WILL has to be probated and thereafter the authorities shall act to transfer the properties to beneficiaries.
The lakshmi and lakshmi son (Samuel) can use the property as described in the WILL.If there is no bar to sell as per WILL they can sell.
If the WILL was acted upon, and there was no cloud on the WILL, then lakshmi and lakshmi son (Samuel) after becoming owner can dispose the properties as it pleases to them e.g. by sale.
lakshmi OR lakshmi son (Samuel) can not sell more than they acquired.
They can sell for free or for consideration.
The stamp duty has to paid as per circle rate (minimum).
After Lakshmi's death her property shall be inherited by her legal heirs.
If Samuel is the only surviving legal heir then if he has acquired property/wealth/estate of Lakshmi then he can dispose it e.g by sale.
So what is your problem.
Have you consulted a very able counsel?
If yes, what is the opinion of your counsel?
You have posted the query to know what?
Bruse
(Querist) 11 July 2016
K fine, I'm the one of Samuel's son. Can I have rights to ask Samuel. Don't sell the land.
Bruse
(Querist) 11 July 2016
2nd question. Govt fixed land rate 700/sq.ft. but conveyance only 200000 for 30000 sq.ft. register found the low value registered. after that party paid tax amount but not changed conveyance and also the seller got only 2lak for the worth of 2cr.
Bruse
(Querist) 11 July 2016
The will wrote on Samuel when his age was 5. Now he is 58 years old. He has children. He saying that no one have rights except me. So he sells land without his children permission???
Bruse
(Querist) 13 July 2016
The will wrote on Samuel when his age was 5. Now he is 58 years old. He has children. He saying that no one have rights except me. So he sells land without his children permission???
