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 reference 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 me ..now while drafting this will advocate missed one word (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 ...and there are rooms built on all shops my father stated in his will that washroom built on shop no 4 (my shop) will be closed because it is on my elder brother’s property! If i dont have roof rights of my shops there was no need to write this.. my father limited my brother’s roof rights to shop no 4 means after that roof will be mine …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
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kavksatyanarayana
(Expert) 01 April 2022
This is the 3rd time the same query repeated by you...................................................... Why?
aman
(Querist) 01 April 2022
In previous query by mistake i assigned resolved status thats why i posted it again
Dr J C Vashista
(Expert) 02 April 2022
It would be better to consult and engage a local prudent lawyer for proper analyses of facts / documents, professional advise and necessary proceeding.
