Language mistake in will
aman
(Querist) 01 April 2022
This query is : Resolved
My father made a will before he passed away in which he divided his property between hi two sons (me and my elder brother)..the dispute arising is because of the vague language in will for the rights of roof to his younger son (me) ..for better teference i have attached screen shot of that paragraph of will ... in which he divided 6 shops between two of us my father gave shop number 1,2,3 with roof rights to my elder brother and rest shop number 4,5,6 to ke ..now while drafting this will advocate missed roof rights with shop no 4,5,6 ..although my father declaerd in his will that stairs which goes up to shops roof will be joint ..if my father dint want to give me roof rights why he has written that same stairs will be used by both of us ...my brother is saying that i dont have roof rights of my shops ...i tried to convince him that it is a drafting mistake and if i dont have roof rights then you also dont have roof rights of my shops ...now i want to go for mutation of my part of property please guide me how to clear this doubt of roof rights ... plz find the attachment for reference
Read more at: https://www.lawyersclubindia.com/forum/will-language-dispute-223493.asp
aman
(Querist) 01 April 2022
One more thing want to add on that there are separate rooms built on all shops ..my father used a line in his will that washroom built on shop no 4 ( my shop) will be closed because it is on my brother’s property.means my father has limited my brother’s roof rights there to shop no 4..and after that roof will be mine ..and if i dont have roof rights why my father gave me access of stairs which goes up to shop roofs ..what will i do of stair if i dont have roof rights of shops !
kavksatyanarayana
(Expert) 01 April 2022
The reply was made on the 30th of March on which you put the query. The attachment is not opened and the previous query is opened. It is the best option to go to court if amicable and final agreement is signed by all the brothers either 2 or if 3 with witnesses.
P. Venu
(Expert) 11 April 2022
It is only the Court which can give a definite opinion after ascertaining the intention of the testator based the letter and spirit of the Will.
