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Dhanush   01 April 2016

Claiming property on certified copy of will, no original

Hello All, 

My father in law, died on 23rd Feb, 2014. My wife is the only daughter, and my mother in law are his legal heirs. Following his death after about a month, his sisters started making claims on all of his property and bank accounts on the basis of an alleged will. They said will is registered in SRO Kannur. However, they are not showing the original will anywhere. Sometimes they say its lost, and sometimes they say its with us. 

So, we went ahead and filed an injunction suit & it was granted. They too filed a suit, but, didnt get injunction, which my lawyer told is because of the lack of original will.  

However, even before we came to know about the whole WILL thing, they managed to transfer a property into their name, and further to their sons name. So, right now, one of the properties title is in their son's name. We filed for injunction and it was granted for trespassing and committing waste. 

My question is:  
1. Right now, they are trying to sell the property.  I thought when there was a Civil Case on a property you cannot sell it, but, people at the SRO say they still can. I need to stop them again transferring the property, to an unsuspecting person and avoid all complications. 

What should be my plan of action? 

2. Father in law has some Fixed Deposits in his name. The nominee is my mother in law. However, bank is not releasing the funds. Even though they have filed a suit for injunction, there is no court order against releasing the funds till date. We filed a consumer case, but, the opposite party is delaying it unnecessarily on the hope of getting a court order some day. 

What should be my course of action in this case?


Basically, how will this case end??? If there is hope at the end of the tunnel, I dont mind spending money, but, if not I dont want to spend unnecesary money on my wifes property. 


Learning

 6 Replies

Dhanush   01 April 2016

Hello All,

My father in law, died on 23rd Feb, 2014. My wife is the only daughter, and my mother in law are his legal heirs. Following his death after about a month, his sisters started making claims on all of his property and bank accounts on the basis of an alleged will. They said will is registered in SRO Kannur. However, they are not showing the original will anywhere. Sometimes they say its lost, and sometimes they say its with us.

So, we went ahead and filed an injunction suit & it was granted. They too filed a suit, but, didnt get injunction, which my lawyer told is because of the lack of original will.  

However, even before we came to know about the whole WILL thing, they managed to transfer a property into their name, and further to their sons name. So, right now, one of the properties title is in their son's name. We filed for injunction and it was granted for trespassing and committing waste.

My question is:  
1. Right now, they are trying to sell the property.  I thought when there was a Civil Case on a property you cannot sell it, but, people at the SRO say they still can. I need to stop them again transferring the property, to an unsuspecting person and avoid all complications.

What should be my plan of action?

2. Father in law has some Fixed Deposits in his name. The nominee is my mother in law. However, bank is not releasing the funds. Even though they have filed a suit for injunction, there is no court order against releasing the funds till date. We filed a consumer case, but, the opposite party is delaying it unnecessarily on the hope of getting a court order some day.

What should be my course of action in this case?

Dhanush   01 April 2016

Basically, how will this case end??? If there is hope at the end of the tunnel, I dont mind spending money, but, if not I dont want to spend unnecesary money on my wifes property.

Kumar Doab (FIN)     01 April 2016

RBI Master Circular on Customer Services; Clause;19 & 20.

The a/c has valid nomnation and if bank is not paying lodge complaint with CEO & MD and also CEPD;RBI.

If the OP's have claimed to bank that there is a WILL then demand from bank to OP's to show the original could have been made.

Even a registered WILL can be contested.

 

If court has granted injunction and Tehsildar was a party or if the certified copy has been supplied to tehsildar then how can tehsildar allow it to be registered till it is suit property?

Whats is the opinion of your own lawyer.

 

Dhanush   01 April 2016

Thank you for the response. Yes, will move as advised in the bank case.

 

However, the opposing party has a certified copy of a registered will. NO ORIGINAL. How will the Civil Suit turn out to be. Can they establish right on property using this.

Kumar Doab (FIN)     01 April 2016

You have not replied 'What is opinion of your own Lawyer'?

 

A registered WILL may be set aside on the counts of autheticity.

 

However the WILL may have to be probated in such case.

Probably the certified copy of the WILL has been shown/given to bank.

However there seems to be no order from court for the bank.

Dhanush   01 April 2016

Again, thanks a ton for the reply.

The opinion of my lawyer is - "we can win this case easily. Its just a matter of time". "We are correct by the side of law". However, its been 2 years and we havent recieved a solution from the Consumer Court. The Civil Suit at the Munsiff Court obviosuly must take time.

Due to this case being run, and because we need to have possesion of FIL's house, somebody needs to stay there. MIL is ademeant on not renting the property and stay there. Since MIL has no other children, wife is forced to stay there, with my only child. I'm 30 now, and losing the prime of our family life due to this case. Also, I'm incurring a lot of legal expense due to this case.

So, I want to know that will my current efforts and compromise pay off? (The opposing party doesnt have the original will only certified copy)

1. If this case can be settled in our favor. I mean, are we legally on the right side? If yes, I need to finish this case as soon as possible. What are the options for that?

2. If I'm not on the legally right side, I'm planning to quit trying, and let the case run its own course, with minimal expenses.

Please advice.

Thanks,


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