gaurav (owner) 18 April 2013

Property dispute

Hi, a confusing case

my grandfather had done a registered agreement to sell with the landlord and before the final payment the landlord refused to sell the flat, my grandfather filed a case in the lower court and won a decree, then again the landlord filed a case in high court and got a stay order the order says that till the time the case is pending my grandfather has no rite to sell or transfer, in the middle of pursuing case my grandfather got expired and made a will in favor of my uncle that he has rite to own this property. But high court declared me and my mother as a legal owner ( as my father is also expired ).

Now the interesting part is my uncle and the landlord had done a deal with each other and the landlord executed the sale deed in favor of my uncle and in the last hearing of high court ( as i was not able to get present at that time and neither my lawyer ) that there is no one else so court offer him a decree.

i filed a case in high court and court passed me the order that i can fight for my remedies.

Now i am fighting a case in lower court and challenged the will also

i just want to knw that my granfather who executed the Will in favor of my uncle is Valid or not as he doesnt owned the property only there was an agreement to sell . and the high court also pass the order that i can fight for the remedies as i am also a legal heir.

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3 Replies

Adv k . mahesh (advocate) 18 April 2013

as per the above that your grand father had wrote the property to your uncle through a will and the court had declared you and your mother as legal heirs then have you seen the will if not then first see

A will is the testamentary disposition of the testator’s wishes regarding the distribution of his assets. Hence the testator can make a will without the consent or the presence of the legal heirs. However, you can challenge the genuineness of the will on appropriate grounds when your uncle applies to the court for its probate. If the probate is not granted, only then will the legal heirs be entitled to their shares according to the laws of inheritance.

Purnima (homemaker) 18 April 2013

what is the procedure when the court order regarding return of property is not followed? Can a contempt of court be filed?

Even though the court made a decision in my favor for the defendant to return the money, the defendant has not followed the order. What should i do to make him follow the court order. Now it is has been 4 years since the court ordered.

Thanking you,