I bought some property through a person named X in 1986 .The same Person Mr X filed a probate for WILL in 1988 by which the property which I bought were of her WIFE. The WILL was written in 1974 by the father of Mr X and the testator died in 1978.He kept silence till 1988 about the will and in deed of sale which he made to me he mentioned that he had got the property in his Part after division of the property of his father. The property is in my possession since 1986 .What if he gets the WILL probated. What is the relief I may claim for.
Dear Client,
If the person has filed for PROBATE, its a clear case of cheating , file FIR against him.
Also , file objection in the probate petition,
Well, u lack caveat interest in the probate petition, but try to bring forth the above fact before the court if ur application allowed.
Your sale deed must be containing an indemnity clause
2) the seller would indemnify you in case any claims are made
3) you have to sur seller to recover your money with interest In case any third party claims are made
Please clarify certain points so that a concrete reply be given to the queries raised by.
Who was the beneficiary of the 1974?
In case the wife of X was the beneficiary, she applied for probate of the will or X?
Since the property is in your possession for long 30 years therefore you become the owner of the land by means of adverse possession.
Also, if he gets the will probated then the same will not bear any effect on your possession because he himself sold you his share before getting the will probated.
Regards
Mr X has Died .What relief I can ask if the WILL is probated .Can I ask equal amount of property from the part of MR X with the same valuation as on today. What the law say on this matter . experts says that I can only ask for the amount mentioned in the registered sale deed which will be very less as compared to today .
If will is probated and Nr X not bequeathed property sold by him then you are entitled only for refund of money with interest from his legal heirs
If the will is probated and Mr. X does not get the share that has been sold by him to you then you will be just eligible for the refund of money with intrest from the legal heirs.
Regards
In terms of the indemnity clause in the sale deed, x is obliged to indemnify you for your losses.
Proceed accordingly.
Since the property is WILLed to her wife, than where his share left,
More over u can receive amount with interest.
But how come sudden will appeared, at the time sale deed, he must have enclosed copy of deed /document through which property vested in X.
WILL may be forged or where was the will till now.
Hi
I) Your title, ownership and possession is perfect and you do not need to worry at all about the WILL getting probated and Mr. X's legal heir's claiming the property from you on the following grounds:-
a) You have purchased the property from the Mr. X. So Mr.X has executed the sale deed thereby conveying the property to you despite having knowledge of the WILL executed by his father.
b) Section 41 of Transfer of property applies to your case and concept of Ostensible Owner, Express/Implied consent by Mr.X for selling of the property to you claiming to have obtained the property from his father will apply and will be in your favour.
c) Leading case laws such as Mohamad Shakur v Shah Jehan, Satyanarayana Murthi vs. Pydayya are similar to your case and you can claim ownership, title, interest and possession based on above case laws.
2) Not only you have the sale deed, but also been in possession since 1986 and that too with the full knowledge of Mr.X and his family members.
3) So legally and technically, Neither Mr.X( even if he is alive) or his legal heirs cannot claim ownership and possession.
4) File a case of declaratory title in the court and establish your rights or alternatively contest the case in court if at all the legal heirs of X file a case against you. You will WIN your case (as per section 41 of transfer of property act)
Hope this information is useful
1. Your query is not clear. You bought the property through a person named My X or from te person named Mr.X? If it is through Mr.X then from whom did you buy the said property? Who was the seller/vendor?
2. Does the property belong to his wife? Did you buy it from his wife or from him?
3. Unless probate is granted, the beneficiary of the will does not become its title holder to sell it to any body.
4. You are holding the possession of the property for more than 12 years and if you can establish that you are holding the possession of the said property for more than 152 years against the expressed wish of its owner, then can claim its adverse possession.
1. You have not given any loan to Mr. X for claiming the same from his legal heirs after his demise.
2. You shall have to file a recovery suit for recovery of the amount you were cheated by Mr.X from his properties inherited by his legal heirs.
you sent legal notice of cheating to the heirs of Mr. X and put objection to the probate matter.
you will ask relief in the form of property not of money.
Hi,
The X can not sell the property which he is not the owner.
Even if the property is in your possession you may not be able to hold the property as a lawful owner.
Yes you can charge him for cheating and misappropriation for the fack sale deed and may claim compensation.
Hello sir , the wife of X can probate the WILL as she was the beneficiary of the WILL..
Since you have purchased the property by a registered sale deed and the property is in your possession and enjoyment, law of adverse possession also operates.
You may file a declaration of title suit agaisnt the vendor if he is coming out with any claim at this stage
If you apprehend any cheating you may lodge a criminal complaint too agaisnt him with the local police.
Mr X has Died .What relief I can ask if the WILL is probated .Can I ask equal amount of property from the part of MR X with the same valuation as on today. What the law say on this matter .
experts says that I can only ask for the amount mentioned in the registered sale deed which will be very less as compared to today .
If X is died who is claiming this property.
Any claim even by probate of will shall not be maintainable at this stage that too after more than 30 years of purchase.
You can file a suit for declaration of title on the basis of registered sale deed in your name and also operating the law of adverse possession.