Legal Question in Wills and Trusts in India

will dispute

A plot of land is in the name of X.Y constructs a house with some flats on plot belonging to �X�. After Y--name removed--death it is found that Y has willed the house in somebody else--name removed--name without informing X.

X says that the house belongs to X and not to Y .In land records the land is in the name of X.

In local municipal records the house is in the name of Y.No checking had ever been done in that area regarding this confusion.

No financial records are available to substantiate Y--name removed--claim that house was built from his own money. Electicity and water connections are in the name of Y.

Some rent agreements with tenants are avl.in the name of Y.

No permission or agreement with X exists regarding permission for building of house.

Does Y--name removed--inheritors� have any claim. If so, what documents/case laws are required to substantiate their claim?


Asked on 10/13/08, 12:15 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: will dispute

How did y built the house on x's land and how x has not objected to the same. The questions need to be answered

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Answered on 10/19/08, 3:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: will dispute

Since X is owner of the plot, relationship between him and Y need to be identified and established in the court for claiming right through or under Y. Y could be a lessee, he could be a developer, or he could be mortgagee with possession. Since X is alive, it is better to negotiate with him and try to reach an amicable settlement. You should make efforts to avoid litigation in the interest of both the parties.

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Answered on 10/13/08, 6:57 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: will dispute

if the land stands in the name of X, then he is the actual owner, and y or his legal heirs can claim the cost of construction etc.... the will executed by Y is of no consequence as one cant will the property not owned by him.

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Answered on 10/13/08, 7:15 am


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