Sequences pertaining to a registered Will dated 1988
- ‘A’ had executed a registered will in 1988 wherein he had mentioned that after his death, his immovable property will be transferred to his wife (Say B). It also was mentioned in the will that his wife can neither sell this property nor she can gift to anyone during her life time.
- ‘A’ had 3 children i.e. 2 sons (say C & D) and 1 daughter (Say E).
- ‘A’ has also mentioned in his Will that after the death of his wife’s ‘B’, this immovable property will be transferred to his son ‘C’ and his other 2 children i.e. son ‘D’ and daughter ‘E’ will not have any right or share on this property
- Witnesses to this registered Will were his son ‘D’ and daughter ‘E’ themselves.
- ‘A’ passed away in 1998 and as per his Will, his immovable property was got transferred in the name of his wife ‘B’ through mutation in municipal records by virtue of this will.
- In 2015 his daughter ‘E’ passed away
- In 2016 his wife ‘B’ also passed away. The said property was transferred to his son “C” by virtue of the registered Will of “A” in municipal records.
- The said property is in the New Delhi region.
Based upon above information you are requested to kindly advice on following :-
- Can his other son ‘’D” challenge a registered Will dated 1988?
- Can court grant relief to ‘’D” in the said property?
- Can legal heirs of ‘’D’’ & ‘’E” also claim their share in the said property ?
Looking forward to your kind guidance on this matter.
