SANKARPRASAD (MNGR) 29 August 2024
A Property is there and divided between few of family members through registered documents( As per Old documents).
But afetr the registration is over an unregistered Will cameout and some more family members( Siblings) found they also have a right on some portion through this Will in this registered propery.
This case is related to Hindu Family.
Pl. suggest what is the status of registred Property Now?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 August 2024
T. Kalaiselvan, Advocate (Advocate) 29 August 2024
The beneficiaries of the Will can file a suit for setting aside the registered partition deed as null and void owing to the Will executed by the erstwhile owner to the same property and that the Will has become enforceable now and to declare the title to the beneficiaries as per the bequest.
SANKARPRASAD (MNGR) 30 August 2024
Thank you sir.
Shashi Dhara 30 August 2024
SANKARPRASAD (MNGR) 30 August 2024
Will executed a long before this registration sir. Only came into lime light after registration.
Regards
T. Kalaiselvan, Advocate (Advocate) 30 August 2024
If the suit for partition on the basis of the Will filed by the beneficiaries of the Will is challenged then the beneficiaries are required to prove the Will by filing a petition seeking grant of probate of Will and once the probate is granted after contest, then the transaction of immovable property by the registered documents may be held as invalid or null and void.
SANKARPRASAD (MNGR) 30 August 2024
Thank you sir ..
Regards
![Dr. MPS RAMANI Ph.D.[Tech.]](/img/avatars/my_avatars/84227.jpg)
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 02 September 2024
It is to be presumed that the testator was the owner of the property that was divided after his death, it was not excluded from the will in any manner and the claim on the basis of the will that was later discovered was within the period of limitation.
P. Venu (Advocate) 03 September 2024
The partition deed having been executed and registered, any solution lies in enforcing the Will through the Court. Necessary will need to be proved and the civil action needs to be proved within the period of limitation.
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