WILL Validity
Querist :
Anonymous
(Querist) 26 April 2011
This query is : Resolved
I am a Hindu Married Lady with a husband and 2 children and am settled in New Delhi. I have a brother and a sister. My Father expired last year while at Meerut, UP. He had left a WILL with an Intent to transfer one property (House in Merut) in my name, and the second property was a Joint property in My Fathers and Brothers name. There is 3rd property which is in the name of my Mother and is willed in my Sisters name. All the properties are in Merut / Ghaziabad (UP). The properties may be of different values.
In the WILL my father has also mentioned that in case if he expires before his wife and that all the property should be passed on to his wife.
The will is not registered.
How do I ensure that the property is safe from my Brother, what steps should I take ? I may like to mention that My Mother has a leaning towards the Son.
M.Sheik Mohammed Ali
(Expert) 26 April 2011
as per will you file a execute case the will handover to your mother, so ask the implementation of the will
R.Ramachandran
(Expert) 26 April 2011
The contents of the WILL as indicated by you are quite confusing. FIRST AND FOREMOST YOU HAVE TO CONFIRM WHETHER IT IS ONLY ONE WILL OR TWO WILLS (one registered and the other unregistered) left by your father.
1. Your father could not have WILLed that property which is the name of your Mother, in favour of your sister. He has no right to do so.
2. You have not told what did he say in regard tothe property which is in the name of your father and your brother. (If at all your father could have WILLed only his share in the property and not the whole of the property since he cannot do anything in respect of that share which belongs to your brother!)
3. You also say that he has said in the WILL that in the event of his pre-deceasing his wife (i.e. your mother), then the entire property will go to his wife.
Since condition No.3 operates, the entire property will have to pass on to your mother. Even if the WILL is not registered, but if you are sure that the WILL is genuine, then take steps to get the WILL probated so that the properties will go in favour of your mother.
But if your mother is leaning towards your brother, you cannot do anything about it.
