Getting Passbook and chance of wining case if filed Getting Passbook and chance of wining case if filed

3 years ago

My grandmaa registered a will for 0.94 acre in 1980 to father's brother who is blood relation before adopting my father. From there on wards my uncle paid tax in name of grandma by taking money and has passbook of grandama with him including tax receipts.he changed in adangal correction as anubhavadhar. From 10 years on onwards he paying tax on his name for that land.My grand maa expired recently she wrote will with out telling this is my last will in will to my father around 2009 and wrote gift deed to me in 2016. In adopted documents my father is g sri knnn but later in all docs g knnn. My uncle submitted proofs a to mro to stop my passbook cum title deed. Whats are steps need to take right now we went for settlement he is not coming. Will i get pasbook. will i win case if i file case.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.File a case and it may be ended in compromise. Litigation will bring some force.
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Sidhaarth

Responded 3 years ago

A.Repeated query raised on various platforms. Reply has already been given. Mere payment of tax by a person does not create any right of ownership. Grandmother was free to make WILL on daily basis but it is only last WILL which is executable. A gifted is always a gift hence a gifted property cannot bequeathed. Mere execution of gift deed is not sufficient a make a gift valid. The maximum age of adoption is fifteen years and a person exceeding fifteen years cannot be adopted. File probate case in respect of last WILL. If required consult with details.
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Srinivasa Prasad

Responded 3 years ago

A.Mere Passbook or name in Adangal will not confer title / ownership.
In order to get title you need to prove the title flow to you i.e., if your Gift Deed is registered and appropriate stamp duty is paid, it is valid and you will get Title & Ownership.
You can issue notice to your uncle, failing to get response from him, you can proceed with filing court case.
The chances on the face of it, appears to be good.
NOTE:
- Appropriate & Fool Proof guidance / legal position can be given only after perusing the Documents.
- Upon carrying out thorough DUE DILIGENCE of your title flow.
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