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D.Dakshinamoorthy (Sr.Office Supdt.,)     05 November 2013

Will document

Respected Sirs, Kindly suggest me the following : My grandmother and grand father had a property in the village of Tamil Nadu. They got two issues. One was female child and another was male i.e. my father.  After the death of  grand father, my grand mother wrote a WILL ( registered ) stating One third of  share of the property for female child and two third of property was to male child. ( He was minor at the time ) My aunt was Guardian for the same up to the age of majority of my father.  The will is clearly stating that there was no right to sale of the property of my father's share.  Later, after my aunt sold the one third of property to one of my relatives after the death of my grand mother. ( it was registered document ). There was some amount ( probably Rs.900/- ) was borrowed by father on the basis of his two third of property ( it is like a mortgage - but it was not registered - it is written only on the paper ), stating that until the repayment of borrowed amount, the relative persons may utilize the same. 

Meanwhile,  in order to utilize the property full,  my father when he was a  minor, the relatives planned to marry their one daughter to my father. ( she was also minor ). The child marriage was arranged and marriage done in the year between 1934-37. Later, due to unavoidable circumstances, or when my father became the age of majority, as he was not interested to that girl and made quarrel with each family, finally, their child marriage was dissolved by their relatives and my grand mother in front of the village panchayat/village people. Later, She married another person and got three issues. 

After some time, my father married my mother and left the village and settled in Bangalore and dead in Bangalore.  But, whatever the money he borrowed from his relatives, he did not return it. The relatives took privilege and made illegal pattas of the property and paying house tax and land tax and still the lands are in the hands of their children for the past 60 years.  As per the will document, which was written by grand mother, I, only ( i.e. grand son ) has the right to the owner of the property.  

My point is that :

Can that Lady ( who was married my father in the childhood and dissolved the marriage, later married another person and got issued )   claim her  past husband's property ?  Has she got any right ?

Can the relatives have any right of property ( because their paying taxes and using land for the past 60 years and having pattas which were made on the basis of borrowed amount. The pattas made without my knowledge of my father.  

What I have to do in this case. 

Expecting your favourable reply,

With regards,

( D.Dakshina Murthy ).

 

 

 

 



Learning

 2 Replies

BAALASUBRAMANNYAMM (Advocate)     05 November 2013

You have no case because of the two reasons.

(1) If you discuss with regard to the registered "Wil", your father is entitled to have 2/3rd share, where at the time of execution of the said Will your father was minor. Even after sold away 1/3rd share, there is a balance of 1/3rd share, your father is entitled. But even after majority of your father, the name of your father was not recorded in Revenue Records as a owner of the said property.Now as per your words, no body is taking care  about your property for the  last 60 days. I think your near relatives have occupied the said lands and got mutated in their names and enjoying the same for the last 60 years.  So you have no title on the said property. The clause of "adverse Possession" also applied on your relatives case. (2) If you (your father) have no knowledge about the property and you if  you  are not pursuing till today, how could you claim, that the property is yours.  Hence there is no possibility. Already sufficient time has been lapsed. (3) With regard to Borrowing and mortgage of a document, will not be proved and it is a baseless. 

D.Dakshinamoorthy (Sr.Office Supdt.,)     05 November 2013

Dear Sir,

Thanks to receive your reply.   In this connection, I  would like to say that already my father knew that his property situated in Tamil Nadu.  Several times, he used to go there and visited his relatives.  After the death of my father,  I got the Will document along with the sold document  1/3 of the share property by me aunt, from the Registrar,  Office of the Registrar in that place.  Based on the Will, several times I approached my relations, but there was not proper response.  Hence,  I already  filed a suit against them based on the Will.   Because - the 2/3 of the property was not registered in the Registrar's Office and there is records in connection with this.  After the death of my father,  the property of the pattas were transferred by them without giving any intimation to us.  The Will is clearly stating that my father had no right to do any harmful to the property of the 2/3rd share.  He was not able to sell the property.  As per the will document,  I, only the person i.e. grand son is eligible to utilize the same. 

Kindly suggest me,

Thanking you, 

Dakshina


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