MG (Manager) 13 June 2012

Losely handwritten family settlement note

I need an expert Advice for below case.

Case Facts.

My Grandmother ( who had Two Sons )executed a registered will in favour of my Father ( younger son) in 1990. Stating that she is happy living with him and elder brother is settled else where and already own a house. Its a well written will Elder borther signs as witness as well.

In 2000 dispute arises within brothers and they decided to part ways. Elder is paid money againts the property that is willed in favour of my father ( in my opinion it was not required). neverheless we do not have any family settlment document to substantiate this but he ( Elder Brother) has signed a Loosely self handwritten note claiming that he has taken his share and now has no share in this property ..signed by all members of his family in presence of witnesses. The document is not as per format. This document is nothing but redsult of a oral arrangment a mere scribble on blank paper.

Current Issue

my father is died in 2010 , Elder brother is not likely to sign any NOC or family settlement document , god know what he has in mind he is again disputing the entire settelment

Will clearly states that "in case beneficiary predeceases me , legal heirs of beneficiary will get this property"

My Question Post Grandmother:

1. Do we need an NOC from him for registered will to be executed. Whats the process if we do not have NOC.??

2. Lets say someon comes with a Unregistered / fabricated will but difficlut to challenge in court . Will court Consider Unregistered will over Registered will. I heard that court now wants to administer only registerred will .. A registered will cab be replaced only with registred one ... is it correct??.

Reply Follow

3 Replies

Advocate Vishnu (Advocate) 13 June 2012

From the facts of your case it is very clear that the registered Will in favour of your father will prevail.

Will may be registered or unregisterd. Hence if a disputing party brings in a fabricated Will , that party will have to initiate probate proceedings before the honourable court .

you don't require a NOC from your uncle. Just retain possession of the property and transfer the khata in your favour.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 June 2012

Dear MG,

1. After grandmother's demise the will takes effect. Get a probate of will after she dies and then mutate the properties in your name in the concerned municipal records.

2. There is no requirement of any NOC - the earlier scribble would help your case in case he chooses to object the execution of the will.

3. When a registered document is pitted against registered one takes effect, with registration there arises a presumption of genuinity of execution - which is for the other party (your uncle) to rebut.

Feel free to talk !

MG (Manager) 13 June 2012

So what you saying the my uncle will have to prrof authenticity of his unregistered ( which by all mean will be fabricated) Onus of proofing lies on him not us..

Is it known that Registered Will will prevail even if registered in June 1990 and unregistered one is after 1990 -- pls conform