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Shah (Nil)     15 April 2014

Property dispute query

Dear Readers ,

 

Kindly answer this query related to my case.

 

Can right in property forgone 10 years ago without consideration by daughter in favour of mother & her brother be recalled right now after the death of mother ?

 

The Property was created by father out of his own funds & is not an ancestral property.The WILL of mother(Registered) & WILL of father(Not Registered) both state the son to be the sole owner after their deaths respectively.

 

Is it necessary for the WILL to be registered ? What if the WILL is not registered ? Can daughter challenge the WILL & claim right in the property by overriding the WILL of Father & mother ?



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     15 April 2014

if the property is self earned by your mother and father then they had all rights over it and they can give their property as per their wish by making their wills , registration of will is not compulsary but it should be signed by atleast two witnesses , you can challange the will and claim your share in the property by giving adequate evidence in favour of you in the court .
1 Like

T. Kalaiselvan, Advocate (Advocate)     16 April 2014

If the testator of the Will have title over the property to bequeath the same to a beneficiary, the Will even if it is unregistered, is considered to be valid, probate the Will and act upon it.  Consult a local lawyer and proceed as per his advise.

1 Like

Shah (Nil)     16 April 2014

The WILL has signature of two witness & also of the person to whom it belongs.

The WILL is not registered & daughter wants to challenge the WILL as mother & father both have given away property to their son & she is getting nothing , what are the grounds on which a will can be challenged ?

What if only ONE Witness is able to give affidavit ? Is it valid for the WILL to be considered valid on the basis of the same ?

T. Kalaiselvan, Advocate (Advocate)     16 April 2014

The Will has to be proved by attesting Witnesses and in some special cases, even one witnessing attestor's evidence will do to prove the Will.


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