Will and testament
sachin
(Querist) 22 March 2012
This query is : Resolved
My father made 3 WILL'S and testaments. The 1st one was made in the year 2001 in which the immovable and movable property was given to me, the 2nd WILL was made in the year 2007 in which everything was given to my step sister, he then made 3rd WILL in the year 2008 in which he again gave away all his assets to me.
While making 2nd WILL he did not mention anything about the 1st WILL but while making 3rd WILL he mentioned about all the previous WILL’S and stated that he wish to revoke all his previous wills.
My father who was bed ridden was forced to make a gift deed in favor of my sister and register it. So one of the immovable properties was forcefully acquired by her. Can I challenge this gift deed? Is it possible?
Which of these 3 WILL’S is valid and stand in the court of law? Correct procedures were followed while making all these WILL’S.
ESTHERPRIYA
(Expert) 22 March 2012
The last will has to be construed in law and the settlement made by him cannot be distributed as it is a registered one.
M.Sheik Mohammed Ali
(Expert) 22 March 2012
will means after deceased of the owner will come rules, gift means immediately transfer to all the property, so you could not claim unless otherwise illegally get.
ajay sethi
(Expert) 22 March 2012
3rd will made in 2008 is final will and revokes all former wills made .
the gift made by your father to your sister would be valid as it is duly registered . your sister is absolute owner of said property .
be fair to your sister too . you have got allthe properties of your father except one which he has given to your sister
Adv.R.P.Chugh
(Expert) 22 March 2012
Third will revokes all the former wills. As regards the Gift Deed - it absolutely gives the property to your sister, you could try challenging it on the grounds of undue-influence, but it would be difficult to prove since your father is not there to depose anymore.
