Property - Will
K.Durga Srinivas
(Querist) 05 May 2010
This query is : Resolved
Gentlemen,
I would request you all to answer my queries
Details
The property[Dwelling House] situated in the State of Andhrapradesh, is acquired by my Grand father. My grand father has 6 sons and 2 daughters.
Grand father has made a Will during his life time and has got the same notorised.Grand father expired in the year 1982. He has deived the property un equally as bleow
One portion to my mother [1st Sons' wife]
One portion to 2nd Son's son
One portion to 3rd Son's wife
One portion each to 4th,5th and 6th Sons
One portion of land in the house plotkept for selling to 3rd Son's Wife
One portion of the land in the house plot kept for selling to 5th Son
The bankbalance to be equally devided between 2 daughters , who were married by that time.
The property has not been devided and not registered in the names of the parties after the death of Grand father. But all are occupying / rented out their portions except for the land left ,meant for selling to the parties, which is still vacant
The will has a condition that the 1st right of purchase to be given to the family members ,if any party is interested in selling his/her portion
Quaries
1) The original will is not traceble , hence the will is valid or not ?Photo copies certified by Notory available
2) If the will is valid whether the land kept for selling to the parties have to be equally devided by all the 6 persons as the same is not sold
3)The 6th Son has got his portion mortaged to outsider, which is registered as per him
4)6th Son says that he had issued possession clearance to the outsider as he could not repay the loan taken. Is it valid ?
R.R. KRISHNAA
(Expert) 05 May 2010
1. Even if the original will is lost, xerox copy is sufficient to prove the existence of will. The will is valid.
2. It can be divided or be sold among the legal heirs.
3. When the land itself is not yet partitioned how can the 6th son mortgage the share (share comes only after division). Hence the mortgage itself is invalid even if registered.
Note: Had the 6th son mortgaged his rights (i.e.,share rights) then the mortgage may be valid.
4. The mortgage deed has to be looked into to know its validity.
K.Durga Srinivas
(Querist) 06 May 2010
Dear Mr.Krishna,
Thanks fro your reply. One more query in continuation to my earlier one
Now the property is being offered to some one to be sold in toto for which all have no objections.Then
1. Do I have a right to ask for a share in the land kept to be sold to son/Son-in-law by the will as there was no sale took place and we do not know the monitory or otherwie benefits received by my Garnd father from them.
2.If the third party[6th Son's motgagee] objects for sale, what are the options we have
