Legal Question in Real Estate Law in India
My fathers elder brother has taken thumb impression of my grand mother in stamp.Can he use that document as "will". Or by using that stamp paper can he get transferred land (land came to grands mother name after death of grandfather)to his name or his sons name.
Some land is having entry of all the sons/daughters of grand father and grand mother.
Can this land get transferred/soled with out their consent.Using that stamp paper can he sold the land or not?
How to fight legally against that stamp paper.
1 Answer from Attorneys
08.04.2014
Dear Sir / Madam,
If the land is registered in the name of your grandmother in the record of the Tehsildar / District Registrar, your uncle cannot simply write up your grandmother's Will on the stamp paper. Moreover, a Will has to be Probated by the Court for the transfer of title in the name of the beneficiary named therein. Since you say that a portion of the land is already recorded and registered in the names of all the sons/daughters, it cannot be sold without their explicit approval and written consent.
Regards,
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