Property dispute

SIr,

 

Is the will registered ? Was the flat purchased fro some independent income or some ansectral income? 

Please reply to my questions first, then will be able to answer your questions properly.

 

Warm Regards

Kapil Chandna Advocate

9899011450

for how many years after the death of your grandmother you were living there

Thanks for the replies. The will is on 10 Rs stamp papers with some neighbours' signatures as witnesses. Not really sure if this qualifies as a registered will. Please let me know if there is a way I can confirm that. All I have is an old photocopy of the will for now. The flat was purchased in around 1990 for about 4 lacs, out of which about 2.4 lacs was obtained by selling a shop which was in the name of my grandmother/grandfather, and the rest was contributed collectively by the brothers out of their own pocket.

My grandmother died in 2001 and we have been living here on and off since the house was purchased. Though almost all the originals of electricity bills etc are kept by the family living on second floor. We have quite a few of them with us. There are a lot of fights which go over all this , which is quite obvious.

dear sir/madam,

we have purchased a land in 1984 which was notarised but not registered.we are also paying property tax.we have govt registered electricity.But now we have planned to register our land and planned for construction.Now the previous owner son-in-laws is demanding for the land and warning(threatning) us to vacate the land.They are not allowing us to start our construction and saying that he had registered the land,questioning us how you will construct in our place?.

kindly suggest to resolve this problem.

thank you

Regards

These are two different queries.

In the first query Mr. Manik Malik has asked about the transfer of title (ownership) from his grandmother to his uncle on the strength a "Will" executed on a stamp paper valued for Rs. 10/-. It is an unregistered will, however, if witnessess are alive and able to authenticate signature of testator it is a valid "Will" in his (Uncle's) favour. It is not compulsory (in Delhi) to get it probated and the beneficiary can seek mutation of the property in MCD.  

Consult a local prudent lawyer.

The second query raised by Mr. Naveen Kumar V pertaining to notarised sale transaction of the land since 1984 is invalid. However the purchaser has a claim and enjoying adverse possession. The purchasor has limited right. Consult a local prudent lawyer. 

Thanks sir for the reply. My primary doubt is that in case the witnesses are able to authenticate signature of testator, then will the beneficiary of the will have the power to sell the house without any NOC from his brothers, who are also legal heirs but not though in the will ?

@Manish Malik: First of all do you have a registered sale deeed of the property bin th name of your grandmother, because you said that the property was purchased in the name of grandmother but still unregistered, therefore first the property has to be registered on anyone of your family' name after that only you all can claim it as your family's property.

Moreover the Will cannot be enforced as the testator is not having a valid title over the property she bequeathed to the beneficiaries.  Lot of legal issues are involved in it.  

The only way to solve is through amicable settlement and agreement by involving all those interested in the property.