India  |  Civil Rights Law

Legal Question

Asked on: 9/29/13, 10:00 am

what is demerit of logging FIR on base false affidavit file by accused in the govt. department for mutation conversion in them name on base registered will get mutation and converted free hold in favor of them and also sold the property through sale deed .

and other legal heirs are file partition suit on property and challenging registered will and demand for cancellation of sale deed in the high court and accused are as a defendant in the HC and purchaser of property also defendant in the HC and purchaser of property file criminal case on seller also?

So, kindly give me what is right or wrong that purchaser is bonafide purchaser and seller done cheating through false affidavits and other legal heirs are challenging the registered will and demand for cancellation of all documents on basis of challenging the registered will ?

2 Answers


Answered on: 9/29/13, 10:37 am by Fca Prashant Chavan

29.09.2013

Dear Sir / Madam,

A Will need not be registered. A Will to become effective has to be backed by a Probate from the Court. Unless the seller has acquired the title of the property through a Probate from the Court and only thereafter has sold the property, the sale is invalid, null and void.

Regards,


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Answered on: 9/30/13, 10:25 pm by Rajiv Chandhok Ph: +919810050896

A will need not be probated if all the NOC is obtained from all the other heirs and mutation is done in the favour of the beneficiary. If it is proved in court that the seller had sold the property by fradulent means, then you may be in trouble. To know us better, please click on the links below:

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