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SANAUL HAQUE (PROJECT LEAD)     19 January 2013

Property dispute

 

Hello Friends,

This is Sanaul Haque. Actually we are the owner Few Bighas of land located in Patna, which is currently in the possession of my father's uncle {phoopha}. The history of the dispute is as follows.

My Great Grandfather had One Son (My Grandfather) and Six daughters. Out of his six daughters, four have migrated to Pakistan during partition and two daughters along with my Grandfather chose to stay back in India. One of his daughter's husband fraudulently executed the will of my Great Grandfather's property in the name of his minor Son (My Father's Cousin) in 1949 defying of right of my Grandfather on his father's property, which has the signature of six witnesses of my village along with the signature of my Great Grandfather. My Great Grandfather, My Grandfather and all of his six daughters are no more alive now. My Grandfather didn't challenged this will in the court of law because he was massively outnumbered by his brother-in-law and his relatives. He was overpowered and chose to stay mum thru out his life.

 

The major catch in the whole dispute is that the property will was executed by my Great Grandfather in the name of one of his grandchild (Daughter's son) in 1949 but his Matriculation, school leaving certificate proves that he was born in 1954.

 

I am not sure What legal actions can we opt in this matter? Is this possible that the property deed will get cancelled and restored back to my Great Grandfather's name, so that the rightful heirs could divide the property share rightfully.

 

Please help me find a way.

Many Thanks in advance



Learning

 5 Replies

Advocate Vishnu (Advocate)     20 January 2013

From your query , it is very clear that you may seek cancellation of the fraudulently executed WILL and your family will get their rightful share in the property.

SANAUL HAQUE (PROJECT LEAD)     20 January 2013

Hi Vishnu/All,

Many thanks for your kind responce. Could you please let me know the process that how I can go for Cancellation of fraudulently executed WILL? 

Many Thanks Again

Sanaul Haque

Advocate Vishnu (Advocate)     20 January 2013

You must first obtain the certified copy of the WILL from the local sub registrar's office under which the property is situated.

SANAUL HAQUE (PROJECT LEAD)     21 January 2013

Thanks Vishnu,

We have some documents including the WILL and his Date Of Birth Certificate with us..Now under which codes of Law we should file the SUIT and relevant proceedings in the court..Please guilde us, so that we can proceed in the right direction..

Advocate Vishnu (Advocate)     21 January 2013

Since you have the necessary documents, the second step is to list out the family tree and the list of defendents in your case. If you have a number of family members who will support you, add them to your plaintiff list and the other family members who are against you will be added to your defendent list. This list should have the residential address of all the parties as the court will be sending them a summons to their residential address.


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