Legal Question in Wills and Trusts in India

Sub- �PanchayatNama� Vs Last �WILL�

A parents Mr.�X�&Mrs;.�Y�have four children�s below As

1)�A�is Daughter aged 53 years by profession House wife

2)�B�is Son aged 50 years by profession Advocate

3)�C�is Son aged 48years by profession Teacher

4)�D�is Daughter aged 45 years by profession House wife

And they all above are married and belong to Muslim community.

That,long year ago Mr. �X� was Transferred his all asset/property to his wife Mrs.�Y�as a �Den-Mohar�

That,both X and Y living with their two married son(B,C)&Two;daughter (A, D)staying in their �Sasural�

That on dated 21/07/ 2002 Mr. �B�(Advocate) bring a own made written drafted letter in Rs,2each x 6 Nos stamp paper and set a meeting with own general five peoples and give the title Name �PanchayatNama� and force to parent to divide the property first 50%of all asset/property in his name. And in Next 50% only divide (50:50) among two brothers (B, C). (As written on Rs, 2 each x 6 Nos stamp paper).

That, all five people sign on the stamp paper as a witness including X, Y, B, C, and �D� but ONE of Elder Daughter (elder among all B, C, D) �A �was not present at that moment so she was not sign on that paper as she has no knowledge about these as she was in their sasural.

That,Mr"X"get accident and Died on16th April 2004 due to not well treatment

That, February 2006 Mother�Y�get suffered from illness&all;well treatment take care by daughter and �Y� thinks that my daughters are batter then my sons as we have cheated by son �B� and not given any amount of my property to my daughter. And now I need to some changes, anyhow before I died.

That, on dated 20/12/2006.Mrs.�Y�makes a written �WILL� in front of Registrar/Magistrate as per law&signature;with two witnesses as well as court fee & give their 50% from their whole of asset/property to their daughters name against �Panchhyat Nama� which was earlier made by �B� and this �WILL� affected after my death.

That,on dated 28/12/2006 Mrs.�Y�was died and all funeral expenses done by daughters and paid claimed dues of mother which was taken earlier from the neighbor and other for their day to day life,That, on dated 11/03/2009 Mr. �B� get a degree letter to make valid �Panchayat Nama� from� Lok Adalat� by doing duplicate sign of brother of �C� and others and keep secret. And he is not disclose �The Mother �WILL� in �Lok Adalat�that, Now Mr. �B� sold whole vacant land(which Now belongs to �A�As per will) by showing �Panchayat Nama� and �Lok Adalat�s �Letter as shown he is owner of this vacant land after parents death, and make mutation in his name by hiding about �WILL� case which currently is under judgment in civil court.That,Now the buyer going to construct house in this land&boundary;is done by showing registry from B

Now we request to all of you please give your valuable suggestion as per law. And what have to do at this moment to stop construction legally.

What this case condition at this moment?

Thanking you

Regards

Aatiya

[email protected]

1 Answer from Attorneys

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