Wrong date in will

Querist : Anonymous (Querist) 26 September 2021 This query is : Resolved
My brother sold my mother's apartment on the basis of my father will.

The Apartment was in my mother's name and purchased in the month of July 2020. She died in September 2020.

My brother and I signed a relinquishment deed in favour of my father in the month of January 2021. My father expired in month of April 2021

After his death my brother sold the apartment on the basis of a will which was made on the date 25 January 2020 ( Date mentioned in Will: This will was made on 25 January 2020 ) and registered in March 2021.

How can my father make a will in 2020 of a property which was purchased in July 2021.Is this void?

Please give me some advice.

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K Rajasekharan (Expert) 26 September 2021
It is possible.

If the Will has a sentence denoting that “his future properties” will also devolve on to your brother, such a Will is legally valid and he can sell the property owned by your father in 2021, based on his pre-dated Will prepared in 2020.

Querist : Anonymous (Querist) 26 September 2021
Dear Mr. Rajsekharan,

Thanks for your reply. There is no sentence denoting "future properties" but mentioned the address of the apartment.

My concern is how My father can make a will of apartment which was not purchased at the time of making the will.

K Rajasekharan (Expert) 26 September 2021
Then the only possibility is that the Will might have been made in 2021 but erroneously dated it as 2020.

Since the Will includes the name of the flat bought on a date later than its date, it is possible even for a court to infer that the Will was executed in 2021, if the witness testifies it.

kavksatyanarayana Online

(Expert) 26 September 2021
The property was purchased in the month of July 2020 in your mother's name. After the death of your mother, you and your brother relinquished the property in favour of your father in the month of January 2021. The will was executed and registered on 25th January 2020 is absurd because your mother purchased the property in the month of July 2020. So the date might have been erroneously written. So it has to be proved in court.

SHIRISH PAWAR, 7738990900 (Expert) 27 September 2021
Hello,

If the word "future properties" is not mentioned so the will of the property purchased in 2021 is not possible. The "will" is a forged document. You can challenge the "will" in civil court if you wish to challenge it.

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