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vijaykumar (sr.executive)     11 August 2012

Will deed

sir,

we are three brothers and one sister as my father expired 2 yrs ago and due to family contraversies we all had made a partition deed 2yrs ago. and every one got their share but from my part of building 2 rooms in first floor has been given to my mother in that partition deed.

1) my mother made a registered will deed of  the above  said 2 rooms on my name on the same at registration office .

2)And  i also have taken an agreement  on 100/rs  non judicial bond paper from my 2 brothers, mother and sister stating that after my mother the 2 rooms will be  transferred to me without any objection.

But after 1.6 yrs they had manipulated my mother as she  was sick  and cancelled the will deed.but not executed on any other member.

can i have legal owner ship   onthat rooms after my mother  with the 2nd agreement.

,

 

  



Learning

 4 Replies

Ajit Singh Cheema (practising Advocate)     12 August 2012

As the will has been duly cancelled by your mother during her life time. So the answer to your query is  N O ,You cannot have legal right / ownership for two rooms , the will of which has been cancelled. Please note your mother can change her will any number of times during her life time .

kumar.S.A.K. (Manager)     12 August 2012

To me it's not clear, Mr.Vijaykumar said  mother's will was regd. and not said as to how the will was cancelled. Should the cancellation of the Will also should be regd.?  Cancellation of a Regd.deed, How this should be done ? What is the legal procedure in this case. And He also said  he has taken an agreement from other bros. & sisters on a stamp paper saying they don't have any objection to the Will. Then how this agreement gets cancelled ??

Could the experts clarify these doubts.

kumar.

vijaykumar (sr.executive)     13 August 2012

sir,

   ok i agree with you but what about my second agreement with my brother,sister&mother which i has taken on 100 rs non judicial paper stating that they have no objection for giving The two rooms after my mother and ican transfer it through the local municipality on my name.

Kishtaiah (Advocate)     15 August 2012

Dear Vijayakumar, You did not say whether the Will deed cancellation is also registered.  If regd, the Will is duly cancelled; otherwise after mother, unregistered cancellation while not in sound health can be successfuly disputed.  And the agreement on NJS Rs.100 can be of some evidentiary value to prove acquiesance of their right in the property in your favour.


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