Dear Sir,
My mother passed away two years ago. She had the registration of the land and house in her own name from the beginning, the house in which we live. Before passing away she declared her last will which is perfectly executed and witnessed but it is unregistered. She declared clearly that this property will be partially transferred in to my and my sister's name. My deceased elder brother's wife has bribed the municipality and the officer has ordered to put her name on the property along with me and denied to add my sister's name. I've gone against this decision in session court but my lawyer is neither clarifying anything nor telling any progress. what should I do now and how should I do it, please guide me sir.
We were total four siblings of which elder brother and one sister are already passed away. My father passed away long before. The house (property) I am discussing about was registered on my mother's name. My elder brother was married back in 2004 and had an offspring (son) the same year. His wife always demanded for money and her part in the property which my brother denied as it wasn't his property at all. Annoyed with him, his wife left him in 2005 and lodged a case for compensation in 2008. My brother fell ill seriously and wasn't able to attend any of the dates issued by the court. He died in 2013. His wife got his job being her successor. My mother the rightful owner of the property died back in february 2015, before passing away she declared her will mentioning only me and my sister as her rightful successors and also mentioning that my brother's wife and her son will have no rights whatsoever concerning this property. Brother's wife and We(me and sister) applied for transferring the property in our name, where I produced the unregistered will and brother's wife furbished her appointment letter. The municipal officer was bribed by her and thus he ordered that her name should be put on the property. I went to the session court against this decision through my lawyer, earlier he kept confusing me that everything will be fine but when I asked him strictly he said it will take unspecified time to this case being resolved (15 years or more) and it is not clear that who'll win. I studied and researched for the hindu succession act and its ammendment and found that the unregistered will itself is sufficient to reverse the order of municipality. However, knowing my brother's wife's nature, I am worried that her name is already being put by the municipality, how can I stop her from entering here and capturing some part or the whole house or how she may not be albe to sell her part to someone else, how can I get the order of the municipality being reversed and done as per mentioned by my late mother in her last will. What measures and procedure shall i take to protect me and my sister and acquire back what is rightfully ours.
regards,
Sandeep Dwivedi
