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Mohamed (Civil Engineer)     18 January 2011

Pls advise sir.,Is I did any mistake on my plot purchase:

 

Dear sir,

 

(Late)    Person A = Property Owner

(Late)    Person B = Son of Person A

Person C = Son of Person B (Grant son of Person A)

Person D = Son of Person C

 

Person “A” is the Owner of the property, and he has written/made the WILL, as described below,

during preparing the WILL , Person “C” is minor, So, Person ” A” appoints Person “B” as a legal guardian and stated that Person “B” can utilize the property, however person ”B” cannot sell the property to anyone. 

Also, when the person “C” got major status, person “B” has to handover the Property to Person “C”.

Then, the person “C” can to utilize the property and Person ”C “has to provide the property to his heir use. Like that this property has to be used for upcoming heir(s).

In that WILL, the person “D” name was not mentioned any were.

 _______

I purchased a Plot (Mar 2009) from Person C through GPA Holder.  (During my purchase, I am not aware about this property history and fully believed the GPA and GPA’s partners. I purchased a Plot (Mar 2009) from Person C through GPA Holder)

In April 2010, Person “D” issued the samman to me + to 40 public and to Person “C” through District Municipal court. Now hearing is going on. (I am the 14th Respondent).

 Pls advise:

 

1.    1.    Is I did any mistake on purchase? Is it advisable to build a House on my Plot? I am in hurry to have my own house.

2.     2.   Or, Can I sell my plot to third party (I will tell case details to third party)? If I sell my plot, court will ask me any question? Or court will relieve me?

3.    3.   Can I File the criminal case against person “C” and GPA? They are the one SOLD to me.



Learning

 5 Replies

Darshan Panchal (Advocate)     18 January 2011

Well it transpires from what has been narrated by u above that, the property was ancestral and it being so D was always entitled to undivided share in the property even if his name was not mentioned in the will. If u peruse the provision carefully it states that C had not to use property exclusively excluding the share of his heir. Therefore, as i said D is very much entitled to his undivided share. However, if u contest the litigation or file proceedings it will go on for years and u will have to incur unnecessary expenses. Best option is to settle the matter i mean compromise with D and pay him qua his share as per the market value of the property. U can't sell the property to third party either since nobody will take such a risk of buying a litigated property. Make a new power pf attorney of both C and D in old date and stamps.

1 Like

Mohamed (Civil Engineer)     18 January 2011

Thanks for your valuable reply sir. 

In that WILL, the person "C" can use/ Utilize the property and after C life, the property has go to his heirs.

Like that this property has to be used for upcoming heir(s). (means, Heirs only, not to third party.)


There are 40 Public suffered including me, C is Compromising the D, but still not fully completed.

 

Upon completion of sale deed, I applied and obtained the Patta for my Plot on my name and I paid the vacant plot tax to municipality.

So now I am holding the Original Sale deed of my plot, Original patta of my Plot in my name, Original vacant plot tax receipt.

Can I  build a House on my Plot????? I am in hurry to have my own house.

 

Thanks sir

Jayaprakash Narayan (Partner in the Law Firm)     18 January 2011

See first you should have sought a legal opinion from an Advocate. You people try to save few buggs and end up spending more than necessary expenses in litigation. As per your statements above the alienation powers, i.e, selling powers are not assigned to D too. So even he must have been empowered to just enjoy the property, so there is no use in settling the issue with C or D as D's son by name E may come tomorrow and extort money from you. Its best advisable to check in your local area of those persons who are willing to buy such property, there are such persons.

But one more thing you need to check with your advocate is whether the Will is legally valid as doctrine of property in terms of Jurisprudence states that the person so assigning property can do so to the alive persons and not an unborn and no person csn, while transfering the property lay down such conditions which isolate the property from alienation.

And please don't waste any money on building house or other way until its cleared from court.

Regards,

Jayaprakash

1 Like

Mohamed (Civil Engineer)     19 January 2011

Thanks for your reply sir, I will wait to built a house, till the case is clear.

During Person "A" made the property WILL, person "C" itself is a minor, that time, "D" is not born,

In this case, "D" Can claim the property??? IS also the E, F, G,..... also eligible for property? 

Pls advice sir, How can i solve this.

Hardeep (Business)     06 February 2011

Whatever limited I have read seems to  be in line with what Mr.  Jayaprakash says.

But I am curious - let us say that the will is declared invalid- then A has died ïntestate "and after his death the law of succession kicks in and property will / should devolve on all legal heirs. Please elaborate what will be the sequence in which the heirs can then lay claim to this property.


 

1 Like

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