Faults in the house registration
my question is how to rectify the faults in the registration how to avoid the consequences of faulty registration is it possible to probate the will after faulty registration and what happens when the petition filed against probate of the will
example a,b,c,d,e are the children of x and y d is son
x gave one house to 'a' we dont know whether its a gift deed or other
x gave second house to b,c,e he writes one document saying iam giving to house to three daughters
now "a"died i.e. elder daughter of x a's son say p asking his mothers share in second house
on year back p sends one person say z to c and e and he z write a document saying that x has only two daughters c,e, and e selling his share to c and he z writes on the document that x has not written any will so c and e has belief in z so they signed the documents later we know that p sends z and it is a trap big note p is a lawyer
so these three lines
"x has two daughters
and x dint written any will
and e selling his share to c"
so these three lines causing so much headache so help us and guide us how to solve this and is there is any possible to change these lines in the registration document
if we cancel the registration what will happen we have a will written by x
please help us
Asked in Property Law from Rajahmundry, Andhra Pradesh
1. It is not clear as to what is the nature of the document which P fraudulently got signed from C and E. Possibly it may be a deed of relinquishment. Be that as it may, the other legal heirs of X, namely B, C, D and E are at liberty to cull out their share in the property of their father.
2. If the deed of relinquishment has been signed by C and E it has to be challenged by them in the court.
3. The registration cannot be unilaterally cancelled after it has been done.
1) if X has given house to A by gift deed check with sub regsitrar office whether any such gift deed is registered or not
2) how was house given By X to 3 daughters . ? was it by gift deed ?
3) if so A son would have no share in second house
4) it is necessary to peruse documents executed by 2 daughters
5) merely because document says there are only 2 daughters would not dis entitle 3rd daughter to claim her share
6) deed of rectification can be made to correct errors that have crept in regd document
7) apply for probate of will
8) contact a local lawyer
If there is genuine mistakes in describing the chain of title in the deed of gift then the same can be done by way of registered deed of declaration.
However to do this all the parties of the original deed sought to be rectified or their legal heirs requires to put their signatures in the new deed of declaration/rectification.
Your statement is cnfusing.At one place you state that x has not written any will, at another lace you say that you have a will written by x, which is true?
Whether the will has contents to the above effect or what is contained in the will about the property.?
The sale deed if is forged or executed by playing fraud, it is invalid and illegal, therefore a suit for declaring the same as null and void can be filed including an application seeking injunction to not to alienate further.
1. You shall have to inform what document X had written to give his second house to b,c & e and in which year it was written,
2. If it was a will, has any probate been taken from the Court?
3. However, all of hem who had executed and egistered the said deed with faulty statements can further register a Rectification Deed duly rectifying the mistakes they had made in earlier deed,
4. Engage an Advocate having expertise in this field for the said purpose,.