Legal Question in Civil Rights Law in India
I was purchased a free hold property through sale deed on basis of registered will mutated and converted property ( and seller could not show all legal heirs name in affidavit and not taken NOC from other legal hairs and not probated from court this registered will ) and other legal heirs are demand for them share in the property from the seller and make us as party in the high court. So, kindly give me suggestion that how can we probated the registered will because i am bonafide purchaser and seller could not do in the court against the demand of other legal heirs and seller say that he could not pay to other legal heirs any type of share amount or any thing because they had registered will in them favor. so what can i do ? if the i was prove the cheating through false affidavit filed by seller then court may be cancelled my stake of documents , some civil advocate say that if you continued the criminal case in court against seller then you come in the danger so you do only in the defense high court your bonafide right only? is it right or wrong ? please guide ? or is it possible that we probate the registered will from court?
2 Answers from Attorneys
The executor can only file for Probate. You have to file a written statement to defend your case.
kindly contact on 9873109672 for further assistance.
Kind regards
Setu Niket
Advocate
24.09.2013
Dear Sir / Madam,
If the Seller was the sole beneficiary of the property named in the Will, he / she has the right to sell the property to a third person, by getting the title of the property registered in the Seller's name. If the other legal heirs are challenging the Will, it remains the onus of the Seller to convince the Court of the authenticity of the Will, failing which the Seller will have to part with the purchase consideration that you gave the Seller to the other legal claimants. You should plead in the Court that settling the claim of the other legal heirs remains the Seller's sole liability.
Regards,
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