Legal Question in Wills and Trusts in India
Dear Sir, i was purchased a free hold property from seller/owner/conveyance deed on basis of registered will in them name (without probated) and mutate and converted free hold in them name through sale deed and now property in the question that other legal heir( without knowledge to me by the seller untill them reoply on my legal notice) are filed partition suit on property and make us party and challenge the registered will and appeal for cancellation of sale deed and get status quo on property . Dear sir is it possible that we any legal way apply for registered will probated in the court during the running this civil suit and court give us construction permit ion because we are bonafied purchaser and what is our matter in the family disputes why court order for status quo on property if registered will is genuine because we taken certified copy from court that is true registered but only beneficial registered will seller are not show other legal heir name in the affidavit of concern department for mutation and conversion of free hold then what is our fault? is the matter saught out in this case or we do some thing other legal action against the seller and other legal heirs?
2 Answers from Attorneys
since you are a bona fide purchaser as you believed in the genuineness of registered will and mutation by the concerned Department which of course is in your favour, you should file your written statement taking the grounds available under the law, for your defence and explain the facts and good faith on your part in the sale transaction.
Also immediately move an application for setting aside the status quo order before the court.
Contact me on 9873109672 for further assistance.
Kind Regards
Setu Niket
Advocate
File an application for summoning the Registrar's record. OR Obtain a certified copy of the will, if you are refused then file a writ petition in the HC.
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