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Valliiammai (staff)     03 March 2013

Will

Dear Sir,

               My grandfather has 2 sons(I am daughter of 2nd son) and 2 daughters. As my grandfather gave away lot of wealth to his daughters who are married before 1965 , he wrote a unregistered will to transfer two of his "self acquired" properties to be equally divided between his "sons only" and to transfer Rs:25,000/- to each of this 2 daughters.He wrote will in 1998 few months before he died..Now the 2 sons wish to get their property and explained about the will to the 2 daughters and gave them a cheque of 4 lakhs each.The 2 daughters of my grandfather are not accepting the money and want a share of the property and are refusing to give NOC and agree to family settlement. The 2 sons of my grandfather wish to get patta for the property and applied for order of probate. The 2 daughters have filed affidavit of objection by falsely quoting that the will had been forged and that probabte had not been filed within 3 years (from 1998) and hence is barred.The actual cause of delay in probate is the 2 sons were staying in same house and didnt see the necessity to get probate.Now the 2 sons wish to selll the property to meet their financial needs.The testimonies to the will are old (around 85 years).

My questions are

1.Is the will valid only for 3 years from the date the will has been written (1998) ?

2.Please suggest further course of action.

 

Regards,

Valliammai



Learning

 2 Replies

Rajeev Kumar (Lawyer/Advocate)     03 March 2013

Since it was the self acquired property of your grandfather and he can dispose it as per as his wishes to anyone. 1. The will is valid if probate is filed within the three years after the death of testator and granted in favour of the will holder.

Valliiammai (staff)     03 March 2013

Dear sir,

 1. Does the will becomes invalid after 3 years of death of person who wrote the will ?

2. Now give my family situation above, my grandfather wrote the will in 1998 and died in same year. Now does the will become invalid ? Also will the property be didvided between (2 sons and 2 daughters) or (only 2 sons as per the will)?

Please advice

 


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