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Priyansh (Employee)     27 June 2012

Property sell on behalf of will

 

Dear Experts,

We are two brothers, in year 2006 my mother executed a Registered will & then after she died in year 2007 .The details of will are as follows –

 

  1. She gave an Agriculture land around 15 acres in Sihore District of Madhya Pradesh equally between me and my elder brother.
  2. On the same will  she gave me exclusively a plot around 5000 sq. feet at Indore with the clause she mentioned that since she is living with me so she is giving me this plot only to me.

 

On behalf of that registered will at recent date I had applied to transfer this plot in my name at Tahsildar office but my elder brother creating problems in transfer of that plot in my name since my mother left this plot exclusively in my favor. I also come to know that my brother is making an unregistered forge will by putting photocopy of mothers signature in that will. I don’t know what he will write in that will but its 100% fact that my mother executed a single will with the details as mentioned above. 

 

That Plot is situated at prime location of Indore so many are interested to buy that plot my question is that

(a)    Can I legally sale that plot on behalf of that will, without transferring it in my name.

(b)   Is there any provision in law which allow to sale property on behalf of registered will.

Please advice me..  

 

Priyansh

  

 



Learning

 2 Replies


(Guest)

This being the situation as you have stated that the plot admeasuring 5000 sq. ft was execlusively given to you by your grand mother and you being the beneficiary, as your brother is making attempts to create hurdles in mutation of the property, you can prefer porbate application before Civil Court forthwith so as to safe-guard your right and interest in the property. More you wait and let the time go, once the attempt of your brother is successful in creating a forged will, it will prolong the issue to get settled.

As well, I like to suggest you to prefer application before Revenue authorities for mutation of the agricultural land in your name and getitng the same divided on the basis of will. Annex the copy of will with the application so that tomorrow your brother is not in a position to challenge the same.

I presume you have preferred an application for mutation of the house in your name. However, for the purpose of registration of the sale-deed in the name of buyer, property card is a must which is annexed with the sale-deed showing mutation of your name on the same. You can enter into agreement to sell in regard to sale of the property with any prospective buyer if you have any with an understanding that you will be executing the sale-deed in his name once the property is mutated in your name.

1 Like

Deepak (manager)     28 June 2012

Dear Expert

 

I gave some initial amount to purchase a flat from a builder against the sale deed. I applied for the home loan. When chain of documents was studied by the bank they refused to give loan. Bank found that land sold to the builder was owned by the person who is died and their 5 son sold the land to the builder. Out of his 5 son 2 were staying abroad has given power of attorney to their brothers. When document were reviewed by the bank they found that power of attorney for 10 years was expired and sale of land was after one month of the expiry of the power of attorney. Builder is suggesting to have loan from any other bank. I would like to know your views on to go ahead and purchase the flat or drop the idea of putting my money in this property

Deepak


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