Hi My father had a self acquired property purchased in 1952 and he prepared a unregistered will on Rs.5/- stamp paper stating that after my and my wife's death the younger son is the only claiment. this will was counter signed by three witness one ex- society secretary, one Dr. and third by teacher by profession.He prepared this will in the year 1985 and in the year 1987 he also submitted a nomination form to society mentioning 50% share in my mother's name and 50% in younger son. He expired in 1992 . The said flat was transferred to my mother'sname as per nomination. Mother also submitted nomination form to society stating 100% right of younger son and after 2/3 years she prepared a will on Rs.100/-stamppaper stating to transfer the said flat to younger son only .She also mentioned that as it is aself acquired property nobody can stake claim over the flat.Only technical drawback was that she prepared a so called will and obtained signatures of two witnesses on 2 days later.Now question raised by society is that as this is a self acquired property of father mother has no right to make a will because father has catagorically mentioned that after his as well as mother's death the younger son is the only claiment. The younger son has a very good relation with his siblings and both of them made a deed of release on Rs.500/- stamp paper which is prepared by solicitor and Declaration cum indemnity cum noc on Rs.200/- stamp paper which is registered notorised. Both the things are made under the guidence of solicitor only who said that it is not necessary to make it registered. Still society is not tranfering the flat in the name of younger son under the aliby that will is not registered and the deed of release is also to be registered. The question is that as per BY Laws society should inform the the youngest son by written reply within the stipulated period of 90days or else he becomes a deem member. The society communicated all these things after a period of 7/8 months. So what is the remidy and what is the status of mother as per father"s will
