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Ishmit Singh   22 January 2023

My grandfather wrote a will which says we do own entire rights for most of his property.

In 1996 my grandfather wrote his will in which he stated that he has 3 sons and he has given one home to two of his sons and the another properties of him will be given to his 3rd son which is my dad. And one of my aunt (bua) has one document which is named as Batwara Pawati in which my grandfather stated that my aunt has half rights of one our plot and this pawati was written in 1995. I want to know whether Will is more authentic document or a batwara pawati is more important document? Are we suppose to give her something or are we legally strong on the basis of will?  We haven't registered that property under my father's name and now in 2023 she is asking her rights on that plot. So may I know what should I do?



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 3 Replies

Real Soul.... (LEGAL)     23 January 2023

Since your GF has distributed the property in 1995 and given a share to his daiughter that will is valid. You sister has right in that plot. And regarding will that is made in 1996  that will apply whatever is left after deducting share of your aunt.

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Adv.Asgher Mahdi (Advocate)     23 January 2023

If the will is bequeth before batwara (partition) the Will document will not prevail.

Ishmit Singh   23 January 2023

I have asked my lawyers about that Batwara Pawati and he mentioned that Batwara Pawati isn't valid infront of Will. Batwara pawati is supposed to distribute properties to all of his heirs. Is it right that Pawati won't be valid if that 1995 Batawara Pawati isn't distributing equal shares of the property or mentioning all of the heirs while distributing ? 


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