Unregisted will challenged
Querist :
Anonymous
(Querist) 09 October 2010
This query is : Resolved
Sir, My Father has 5 brothers and 2 sisters.My grandfather died with an unregistered will leaving assets on my fathers and other brothers name.The land my grandfather gave to my father was booked on my grandfathers name but all installments were paid by my father right from begining and the land ( we have made a house on that land ) is now a free hold hand and is on my fathers name . One of my fathers sister claims that she wants a portion of property. we are a hindu family.What can we do to stand up our case.The land is in my fathers name and all papers are in order.please suggest.All brothers and sisters have signed the unregistered will except one sister who claims the right now. please help
B K Raghavendra Rao
(Expert) 09 October 2010
A will need not be registered to be effective. The only condition is that it should have been witnessed by at least two persons. You say the will has been signed by many brothers and sisters. Therefore, the will is valid and the property would be shared by the beneficiaries according to the will. Sisters of your father cannot now claim any share in the property bequeathed by your grand father.
