How can a registered will reversed?
Mythili
(Querist) 09 July 2014
This query is : Resolved
Dear Experts,
Here is a scenario I need your help. Your advise on how to go about will be immensely appreciated.
My mother's grandmother who had a property in Chennai in her name (bought from her husband as sale deed in 1934) was made to sign a will as follows by my uncle with witnesses he knew and was registed:
''After my death, my only daughter and her husband (still alive) to enjoy the property without selling rights. After their life time, the property to go to my elder grandson (also executor of the will) and my younger grandson's wife''
There are 4 grandchildren born to only daughter for the will maker - my mother, my mother's elder sister, elder brother and younger brother.
Now, we came to know about this will and we fought with my uncle. We know legally there is no ground for us. After years of fight my uncle agreed to give us share in the property and had asked us to find out a solution.
We have consulted over 5 advocates and each one is saying different solutions like
1.we have to wait till my grandparents expire since they have life interest and my uncle and aunt have no power now
2.my uncle and aunt can write a declaration saying he and my aunt doesn't need the property and if done the property goes back to my grandmother and she can make deed
3. my uncle has to give a release deed and aunt a sale deed (since not blood relative)
Request you to please suggest how to go about it or is a way to do anything on this. We are sure if we wait till our grandparents expire my uncle and aunt will not agree to give share.
ajay sethi
(Expert) 09 July 2014
file partition suit . in case will is relied upon both suits would be heard together . you can dispute genuine ness of the will on grounds of undue influence
Advocate Ravinder
(Expert) 09 July 2014
If your mother and your aunty wants to get the property in their name the following things should happen:--
1) Your grand mother should be passed away
2) Husband of grand mother should be passed away
3) daughter of grand mother should be passed away
Then your uncle and wife of another uncle should execute a registered release deed (either fully or partially) in favour of your mother and your aunty.
If either of the three above are alive, your uncle and wife of another uncle will not get power to sell. Even they cannot execute release deed in your favour of future acquisition (which you are going to acquire in future) right now as the law will not permit to sell which you do not have in your possession. For further doubts contact ravinder2345@gmail.com.
As the will is registered, the chances of disputing the genuineness of the will are very bleak.
R.K Nanda
(Expert) 09 July 2014
consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 09 July 2014
You have been properly advised about the probabilities and possibilities and now it is your call.
Raj Kumar Makkad
(Expert) 10 July 2014
It shall be better for you to personally consult a lawyer with the will as it requires to be gone through prior to replying your queries.
Sudhir Kumar, Advocate
(Expert) 09 July 2014
