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DP   22 April 2016

Properties not included in registered will

My father passed away some time earlier and before that, he had a will registered in my name and my brother. The will mentions our house and us two brothers having equal share in that. However, my father also had another property (a power of attorney) which is not mentioned in my will. My brother is not willing to show me the papers for that property and divide it. My mother is also on my brother's side.

My question is what options do I have since it was my father's intention to name that property too in us two bothers' names, before he passed away unexpectedly.

Also, the last paragraph of the will states the following:
"And my other legal heirs will have no rights, titles, interests with my above said properties i.e. above mentioned and all moveable and immoveable properties in futures, if anyone raises any objection it will be considered as null and void."
-- does the mentioning of moveable and immoveable properties make any difference?



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 3 Replies

Kumar Doab (FIN)     22 April 2016

POA should be examined verbatim by a good lawyer.

Generically speaking POA may not neccessarily awrd ownership and may be dead with the death of POA holder.

An able counsel that has examined all docs on record can opine the best.

DP   22 April 2016

Mr. Kumar, thank you for responding. However, my question is in regards to the effect of the last paragarph in the will as I mentioned in my question. Does the text in the last paragraph of the Registered Will also include properties not specifically mentioned in the will?

Kumar Doab (FIN)     23 April 2016

It seems , it does.

 

However: An able counsel that has examined all docs on record can opine the best.


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