Fradulent made gift deed and will registered
KGMKGMKGMKGM
(Querist) 15 November 2014
This query is : Resolved
Dear Sir,
I have a query for one of my close friend. A very old person having some assets says 2 houses, jewellery, household goods etc. When this person asked his younger son to arrange a will document for 1 house, then that younger son prepared document as gift deed instead of a will and get registered the 1 house in his name via fraudulent way by telling this old person as will. Later this old person came to know that this is gift deed and then he immediately send legal notice to this younger son mentioning about the same and stating that his younger son and his wife had prepared the gift deed while he has asked to prepare will document. Then this younger son throw this old person from the house 1 and did not offer meal etc.
Later after 3-4 months, this old person in sound mind made a registered will stating that both houses belong to him and he has will to give all these 2 houses and other assets to his eldest son and this will was registered in registrar office with witnesses. This old person has now died.
Now my question, whether eldest son will get right of both houses as there are many police complaints made by this old father to younger son and also, legal notice through advocate was served by this old person. What about assets mentioned in registered will. What will be the result of probate of will as per law.
Kindly guide. Thanks
Devajyoti Barman
(Expert) 15 November 2014
Unless the alleged gift deed is set aside by the civil court , the subsequent Will has no force.
Ask the old man to file a declaratory suit. Unless and until it is allowed the gift deed stands valid and enforceable.
ajay sethi
(Expert) 15 November 2014
elder son has to move court to set aside gift deed made fraudelently in favour of younger son . since the father is dead he cannot obviously move court for setting aside gift deed .
will in respect of said property cannot be executed as on date younger son is owner of said flat
Rajendra K Goyal
(Expert) 15 November 2014
Agree with the advise of expert ajay sethi.
KGMKGMKGMKGM
(Querist) 24 November 2014
Thank you All for a good reply. This is an answer for 1 property, what about other properties and assets mentioned in registered will, I hope the probate can be done so it can be transferred to elder son parallel while keeping aside the fraudulent gifted property. Request please guide, thank you once again
KGMKGMKGMKGM
(Querist) 24 November 2014
Thank you for the reply. My ques: The will mention 2 properties. I think Shri Ajay ji has given reply for 1 property. what about 2nd property and assets. Can the probate be done so it canbe transferred to elder son and parallel elder son can file civil suit to keep aside the fraudulent gifted property 1. thanks once again in advance
