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shiv gupta (proprietor)     12 February 2022

old document and will releted

I and my elder brother two son of my father . In 1987 my father exit my elder brother from home and entire property of self acquired by father from a non registered and non notarized stamp.my father give rs 50000 to my elder brother of his rights surrender.wittness on stamp already signed.
In 2013 December my father I'll seriously and admitted in hospital.He discharge on 31 St December from hospital.my father writen a registered will of all property ony name on 17 th January 2014.
27 th January 2014 he again admitted in hospital and died on 5 th feb 2014.
My elder brother received a cirtificate from hospital my father serious Illness from 15 th Dec to 31 December 2013.
My brother filed a civil suit on me to cancel will and old document 1987 not valid.
please mention validity of will and old partition document 1987 validity.


Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     12 February 2022

Will can not be cancelled until  and unless  your brother by cogent evidence proves that your father was mentally and physically not fit to execute will that time.

Adv. Mohit Chahal (Advocate)     13 February 2022

Dear Querist


The Will may be cancelled by its executor at anytime during his lifetime and thereafter he may write a new Will or codicil. The last Will shall be admissible if made in good state of health without any force, fraud, coercion etc.

Partition deed is valid to the extent of your rights of share in ancestral property or any self acquired property of your father subject to terms mentioned in Will.

Your brother need to prove last Will of your father whereas you being defendant may file your Written statement including counterclaim to declare Will which your brother is claiming last Will be null, void and ineffective being derived out of fraud.

Above is general reply as specific answer need scrutinization of all relevant documents.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


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