Relevent sections of ISA 1925 to prove a will VOID
Guest
(Querist) 30 December 2009
This query is : Resolved
Dear sir/Madam,
There is 5 acres of agriculture land in my grand father name (Self acquired) in Bangalore.
There were 4 sons divided this property along with my grand father of equal share of 1 acre each (5 shares) through panchayithi palupatti (Unregistered partition deed) in the year 1985. Each are in the possession of their respective shares. But no mutations were transferred. Property still in my grand father name.
Because of unregistered partition deed, revenue officials not transfering khatas in favour of sons as one of my uncle filed objection notice to revenue department not to transfer khatas.
My uncle objection claims as follows;
1. My grand father made a registered will in favour of grandson (Son of my uncle, who is opposing khata transfer) in the year 1994.
2. Because of that he (my uncle) is not signing for khata transfer as my uncle sign is essential because of unregistered partition deed.
Dear sir/Madam,
we got the registered will deed through taluk office and noticed some of the things as follows:
1. My grand father in that registered will clearly mentioned that, He given shares to all four sons as per partition deed which took place in the year 1985, accordingly everyone in their respective share positions. These words clearly written in the will.
2. He clearly telling in that registered will, he (my grand father) is going to give his share only got through unregistered partition deed took place in the year 1985 (as per that deed his share is only 1 acre).
3. But while writing in schedule property section of the will. He is mentioned 2 acres of his share he got through partition deed of 1985 (but his share is only one acre)
4. As per partition deed his (My grandfather share) share having boundaries different from what he is writiing in the registered will. (This means as per partition deed his share in 3rd place from east, but in registered will he is mentioning 1st share from east, so mismatch of boundaries).
5. The witteness for the will are father of the will beneficiary (My uncle) and one more person (This person going to give statement in favour of us)
6. Grandson applied for probate in court. presently this case is running.
Dear sir/Madam
Please advice me what all the sections of ISA 1925 such as uncertainity, fraud, forced, etc., can be used relevent to this case to make this will void in the court. What all I mentioned above is true as per records. Thanks
Raj Kumar Makkad
(Expert) 30 December 2009
In the given case, you have every right to raise objections to the alleged registered will which is being relied upon by your uncle and his son. The will is self contradictory hence it attaches full doubts. Even beneficiary was its witness so it is difficult to sustain hence will can be set aside and thereafter each and every legal heirs has got equal right in the property under dispute.
