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V. S. PANDITT (Partner)     29 November 2013

Value of two different documents

1. Probate on will was granted and Letters of Administration was issued in 1985 to the younger son of the deceased father.

2. Notices to all other legal heirs was served i.e. Elder son and four Sisters. Only two elder sisters appeared as attesting  witness of the will and proved the will. other legal heirs remain absent. Subsequently in 1985 Letters of Administration was issued to the baneficiary. Accordingly mutation was transfered in name of baneficiary and in 2001 property was converted from Lease hold to Free Hold by DDA in the name Baneficiary of the Will.

3. In the year 1999 a Civil suit for separate possession by partition was filed by all other legal heirs against the beneficiary of the will younger son.

4. Under pressure the baneficiary younger son compromised and Memorandom of Oral Family Settlement in the year 2002 was signed which was unregistered. Sale amount of Two floors which was sold in the year 2001 was distributed among all legal heirs as per Memorandum. And the Ground Floor was divided amongst all.

5. In the year 2003 Civil suit was disposed as compromised.

6. The Probate and Letters of Administration of Last Will issued in 1985 which was not set aside till date.

7. NOW I want to know the Status and Value of PROBATE ON A WILL and effect of Memorandum of Family Settlement and Civil Suits disposal as compromised in 2003 ?

Please Reply ?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     01 December 2013

The latest memorandum will hold good for all the purposes.

V. S. PANDITT (Partner)     01 December 2013

What is the effect of section 49 of Registration Act on Memorandum of Oral Family Settlement  in future Litigation to prove title on property against baneficiary of Will on which probate was granted in 1985 and which was not set aside till date ?


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