Property ownership

Once a Will is created, it will be effective after her death.  Brother and sister cannot object unless a will is proved to be obtained by fraud or otherwise.

Sir,

Thanx for the response.

The said will was created at the registerd office with her own wish only.

The same was accepted by registrar with eyewitness.

Still will  any other procedure be availabe as per law to be more transparent or to avoid such kind of case raised by her brothers & sister ?

Pl revert back

Thnx

Dear Mr. Elango,

As already advised by Mr. Khan, a registered / unregistered-Will  will definitely have validity.   

Please also be advised that a person can execute any number of will (not withstanding that he had already executed a will in favour of somebody earlier relating to the same property).  In such a scenario, where there are a number of wills, only the will that was executed last will have validity (i.e. even if a will was registered earlier, if another will with a later date was written and left, with or without registeration, the later will will have the effect, the earlier will, even though registered will have no effect.)

Any will, can be challenged by the interested parties.  Even a very genuine and true will executed with clear sound of mind and sincerity can be challenged, on the grounds of fraud, coercion, undue influence etc. etc.  However, it is for the party to defend such a challenge and succeed.  By the way,  please indicate who are the witnesses to the will registered by your periamma?

It is not enough that your periamma has registered a will in favour of your son, but it should also be ensured that she does not write any other will in favour of any other person at any point of time after such registration.  That is crucial.

Hope you had got my point exactly.  

I clarify  to ur mail that was only one will. Eyewitness is my  family friend.

To my understanding from the above replies,

 my periamma's brother & siater having the right ito claim the property since she is s spinster.

Even regd will will be there, they can challenge on any ground that will take unwanted time to succeed.

To avoid such kind of problem, what will be advice?

Shall I buy the property from her ie changing document to my name thro sale deed>

If it is legally ok, pl guide the procedure.

I shall be appreciating your kind & timely reply.

Regards,

Elango

Better try if she can give now itself a gift to your son rather than through a WILL.

I had purchased a room from the original member of a CHS on 23 rd March, 06, that time 80 % work has completed, as the building was re-developed by  builder, its MHADA bldg, we got the noc from the secy for the said flat no .102, in A wing, paid the stamp duty, got the loan also, when the building got completed , without out our knowledge, the secy and other members used the lottery system to allocate the room, by mistake my room was also used in the lottery system, my room(102) was alloted  to some other person, and i was told to take the possession of 101, we thought that the room no. will remain same, only the room has changed..when we came to know the reason, we requested the member holding 102 and also the secy to exchange it...but the member in 102 refused to do so..

The entire society colloapsed bcoz of internal problem between secy and chairman...we complained to Dy.Registar, it was directed to administrator appointed,  but again he took 1 one year , no action taken, he demanded money on the same, finally we complained to new society secy and chairman formed  on feb 10, again the member in 102 is disagreeing on the same.

Please suggest me what is the way out to get my room no.102, which is been lended out, similarly i have also lended the current room 101, i have paid the transfer fee to the society long back, paying the mainaince on time, but not on my name, only on the given room no.101..

Please help me on the same.

Regards,

uday kumar thevar

Pls help me the same...no reply still..