Hello Sir, we are second wife children. Our father has written registered will to mother and us. However, first wife son has filed a case and the same has been won by us in district court. Now the case is in high court, my mother has recently passed away. Now the first wife son is trying to sell the property with the help of local goons. What should be our approach? Pl guide.
A.Dear Sir,
You have to get interim injunction from the High Court restraining anybody from selling such property and with that interim order approach Sub-Registrar office and get it entered in encumbrance register.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
A.Dear Client,
if your father made a will specifying the property in your name the property is yours and in case the other people are trying to approach it you can file an additional application in the court for stopping them at urgent basis.
Thank You.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutinize that registered Will for its scope,meaning and effect. It is also necessary to know whether that Will has been probated or not. You have not specified what sort of case had been filed by the first wife's son and what is the Order in your favour. Without scrutinizing the relevant documents, legal remedy cannot be suggested.
Dear Client,
When a registered owner passes away leaving a property intestate, i.e, without any will, all the surviving family members and legal heirs are entitled to an equal share in the said proper...
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
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