Saravanan 23 November 2016

Clarity regarding possesion

Sir

My dad passed away on 14/9/16 and he made a settlemenmt deen on 2002 which was like 50% to me and 25% to on sister and 25% to heirs of the other deceased sister. But subsequenlty he also made a will reffering thie deed and made some changes in the allocattion. The will is NOT registered also and there was no cancellation of the deed made in 2002. Many say that the will made after settlement is not valid.

But my sister wants to occupy and take possession of a portion of house as she was mentioned in in the will by asking the tenant to vacate directly. Is this right the right and legal way?

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11 Replies

Kumar Doab (FIN) 23 November 2016

Many have already guided you rightly.

(Guest)

Sir,

Subsequently making a will is not barred. As stated by you that your father subsequently made changes, it is then as per his wish the assets should ideally be divided. And moreover registration of a will is also not mandatory. If you want to further consult please take an appointment with a counsel and also take all the necessary documents( both wills) in your possessions and take guidance.

Regards,
Rit Arora
Advocate
7838737001

Kumar Doab (FIN) 23 November 2016

Dear Mr. Rit Arora,

The querist has mentioned about only one WILL and not 2 WILLS.

It is believed with limited understanding that the estate/property that has already been disposd by valid settlement deed can't be disposed by subsequent WILL.

Certainly the leftover undisposed estate/property can be disposed by a valid WILL, subsequent to settlement deed.

(Guest)

You are right. I must have misread the settlement part. My bad

Kumar Doab (FIN) 23 November 2016

Dear Rit,

Doesn't matter.

Sometimes it does happen by soem oversight.

You posted back and it is more than suficient and a very good gesture.

(Guest)

Thanks a lot sir for your appreciation. :)

Saravanan 23 November 2016

Thanks for Clarification. The first one indeed is a deed. so can i conclude that my sister cannot claim possession of the said portion without further legal procedure?

Thanks

Kumar Doab (FIN) 23 November 2016

Anyone can approach court.

Court shall decide on merits.

Kumar Doab (FIN) 23 November 2016

Dear Rit,

You are welcome.

Saravanan 24 November 2016

One Last Question Kumar Sir

Can she ask the tenant to vacate in this stage ? ( at this instant - when the deed is valid and will invalid and no formal court proceeding has taken place rpior). she is approaching them directly to vacate them..

I also would like to mention that i also stay in one portion in the same settled premises and my sister resides in another part of CITY