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sanchit (manager)     03 October 2013

Sa/gpa/will,will cancelled

Purchased property in 1998 through sa/gpa/will,the above documents were witnessed by son of owner.

The owner died in 2007,applied for grant of probate.

The above said son challenged the probate through a later will made in the year 2000.

Can the above heir become the owner.

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     03 October 2013

A property purchased from the beneficiary of the WILL as a vendor when the testator of the WILL was alive is invalid by law because the WILL becomes operative only on the death of the Testator.  Therefore the subsequent WILL made in the year 2000 during the life time of the testator confirms that his previous WILL stands automatically cancelled.  However, the GPA agent can be held for committing fraud and can be booked on a cheating case because the power given on him takes effect only after the WILL is acted upon on the demise of the testator but the agent sold the property before that itself knowing very well that it is illegal.  Consult a local lawyer and proceed as per his advise.

sanchit (manager)     03 October 2013

I think i did not make myself clear.

when I purchased the property a sales agreemnt,gpa and will was made,through which the purchase was done.

now the heir of the seller after his death has challenged the will with a later will


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