Property acquired through Will
Querist :
Anonymous
(Querist) 21 November 2009
This query is : Resolved
Dear sirs,
My grandmother had 1 son and 2 daughters.She had a property at chitradurga (Self acquired) which she,before dying, bequeathed to her only son in 1984, through a registered will. One day before her(Grandmother) death in 1984 my grandmother made another will bequeathing her property to her grandson (me) (Son's son), which was not registered. Khata was transfered in my name in early 80s and i have been paying all the requisite taxes till date. my queries are
a)Since the property is inherited by me through will,can my aunts(Father's sisters) claim any right to it now, in 2009 ?
b)If yes, will their appeal be rejected on the grounds of limitation act?
c)since there are 2 wills , one bequeathing the property to my father and the other one to me,is there any conflict which makes the will invalid?
Kindly request the experts to resolve my query.
Raj Kumar Makkad
(Expert) 21 November 2009
Self acquired property was given to you through a will which has even become the part of revenue record and in the circumstances mentioned by you, no other person has got any legal right in your ownership and no one challenge it and if anyone tries then also it shall got dismissed on various grounds including limitation.
adv. rajeev ( rajoo )
(Expert) 21 November 2009
Regd., or unregd., will both can be challenged. Always latest will prevails. In your case certainly there will be conflict between you are your father, you will have to prove the will in case of dispute.
The properties are self acquired properties of your grand mother so her daughters cannot claim the share in the properties, but they can file a partition suit challenging the will contending that will is not binding on them and it is created one, in such cases burden lies on you to prove the will.
n.k.sarin
(Expert) 21 November 2009
Mr Anonimous will can be challenged at any time. there is no limitation in this regard.your case is strong one. .
Sachin Bhatia
(Expert) 21 November 2009
There is no limitation to challange the will, will can be challenged at any time.
A V Vishal
(Expert) 21 November 2009
A Small clarification, the first will is registered so the subsequent wills/codicils need to be registered, in fact, the unregistered will can be challenged. The querist has got the property through an unregistered will which was purportedly executed after the registered will hence the querist has no locus standi
niranjan
(Expert) 21 November 2009
Actually when the testator makes another will,one has to cancel the first will by writing in the body of the second will,so that such conflict may not arise.If it is not done so,the second will could be doubtful and particularly in this case a day before her death.
Devajyoti Barman
(Expert) 22 November 2009
The query is aptly replied by Mr.R. Vadrali. There is no legal requirement to mention the cancellation of the first will in the second will if the second one totally changes the names of legattes.
Querist :
Anonymous
(Querist) 28 November 2009
Thank you all very much for resolving the query.its really great to interact and get opinions on legal matters from such highly esteemed lawyers.
