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Siva (IT)     10 February 2012

Will time limit

I have a purchased a property in the year 2010 from a person A. The Person A bought the property in 2007 from another person B. Person B's mother original owner of the property died in the year 1999. A third person C now entered into property and claiming that he is having a WILL written by person B's mother in 1999 before she died. She died at the age of 90. He doesn't have the original copy of the WILL. It is lost I think. It is found that the WILL is registered and not probated. I am in a confusion on what to do. He is coming after 12 years of person's B mother death. Is it possible to get my property back if I file a case? Please provide your suggestion on what to do.



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 5 Replies

sridhar pasumarthy (ADVOCATE)     10 February 2012

Dear Siva, 

What is the relationship of C with B's mother?  Execution of will by mother in favour of C/third person ignoring his son B creates a suspicion about its genuineness.

Get a certified copy of the will, if it is registered one and consult an efficient civil lawyer.

Siva (IT)     10 February 2012

Dear Sridhar,

Thanks. Person C is not related to B's mother. He is coming after 3 public transactions done on the property within 12 years of the death of B's mother. Shouldn't he have come within 3 years of death? Is there any chance that whether I will loose the property in the court case? what is the chance percentage? Just want to get opinion. Otherwise I will sell the property. Please provide your opinion. 

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

Even though will is regd., it can be challenged. If the will is not genuine one then challenge it in the court.

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

Burden lies on you both to disprove and to prove the will.

sridhar pasumarthy (ADVOCATE)     10 February 2012

Dear Siva,

There is no such limitation that he should have come within three years.

As I already replied such type of Will in favour of third person will create of lot of suspicion, in which case, heavy burden lies on C to prove what were the strong circumstances to compel  the mother to execute a Will in his favour by ignoring her own son besides other requirements of proof under law.  If C fails to prove it, you will succeed.

Unfortunately, if you loose ur property, you can recover the sale consideration from your vendor by filing a civil suit i.e. A.  If you sell the property, the same will be the remedy for the purchaser against you.

 


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