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komatti vardhaan   16 July 2023

Loop hole in will deed

My father  purchased A1 ( 35sq.yard) and A2(100sq.yard)house , A1 is pathway to A2. When he writing will deed  (2000) he mistakenly write as follow 

" I am giving A1 house to my son " like that he forgot to mention about A2 point . We didn't see this problem during my father alive , after my father death , my 2nd brother and my sister created fake  unregistered will deed to claim my property, my elder brother support me. They file case in court to claim my property.                                My 2nd brother and my sister asking me to give half of my property to them so they withdraw court case , otherwise they take whole property.  By saying that in real will deed A2 missing how can you  fight in court without property.   

1. What to say when judge ask about A2 missing says you have no write to appear in court without property. 

2 my father take loan of rental free agreement of 3lakhs on A2 property , I paid that loan on behalf of my father after his death not my brothers and sister is this useful in court.

How to prove A2 is mine 

 

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     17 July 2023

If there is no mention about the property A2, then you cannot claim it as a right.

You cannot claim it as a mistake because the Will is written by the testator on his own and not on the instructions of the beneficary.

In that case the benefiacry cannot claim it as a right over the property which is not mentioned in the Will neither the beneficiary can state that it was a mistake on the part of the testator.

You cannot win any case if you decide to fight it out through court.

Instead you may negotiate for a compromise settlement in order to save and protect your inteests.

 

 


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