willl case
rohit garg
(Querist) 17 October 2010
This query is : Resolved
somehow i made a unregistered will as i have a thumb impression of my mother on the plain paper and i submitted the will in the front of court for probate. On the same day i come to know that my mother made a registered will and registered gift deed in front of the sub-registrar on the name of my two brothers .Now my brothers put injuction case in the court that they have possession of the plot .and on that day i broke the locks of the house and put my locks on the plot.now i want to know that whether my brothers can put criminal case in the court against me or not and also about the right of the plot and how i prove the will and gift deed of my brothers wrong .As we are seven brothers and sisters expect two brothers all brothers and sisters are with me.
Devajyoti Barman
(Expert) 17 October 2010
The Will you are talking about does not seem to be validly executed, at the first place. Now most importantly if your mother has already transferred the property by a gift deed then the subsequent Will on the same subject matter will be of no force. In that case if you could prove that the said gift deed is null and void then and then only you could claim your share on that property.
