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Anand Sankar (Engineer)     17 August 2012

Registered will

Hi,

My deceased grandfather has left a registered will. My grandfather has two sons (one my father and other is deceased - who inturn has 2 sons). As per the registered will, my grandfather has given a life estate for my surving grand mother, after whom as per the will the property gets divided among the families of his two sons.

In the meantime, the sons of my uncle have gone ahead and registered some kind of a partition deed in absence of my father claiming ownership on properties that does not come under their share as per the will and creating lots of trouble for my father. Using this faked document, they seem to be planning to sell off some of the properties that doesn't come under their share too.

Question is, how do we handle this situation? Based on the will, whatever properties that fall into our share, can we go ahead and change the ownership while my grandmother is alive?

Please advice.

 

Regards,

Vijay



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 August 2012

 

 

 

As per the will your father is the reversioner on whom the property would reverse to the tune of ½ after the death of his mother, his interest has already become vested because death of his mother is certain, you cannot be deprived of that share of the property, any settlement deed won’t bind you, unless it is executed and registered by you. File a suit for declaration as to invalidity of that deed, also initiate criminal proceedings for cheating and forgery to set them right.

1 Like

Anand Sankar (Engineer)     17 August 2012

Dear Mr. Bharat,

I am not sure if I understood when you mentioned "reverse to the tune of 1/2 after...". Shouldn't that be reversed to the tune of what is mentioned in the will?

 

Regards,

Vijay


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