The registered will can be changeable if executant had died earlier?

This query is : Resolved 

Online (Querist)
17 May 2016

Hello Sirs,

My Paternal Grand Mother executed a Registered Will in the year of 1943 for the scheduled property. She died early age after Regd. the Will. In that scheduled property she had provided some place and income through registered will to my family members from generation to generation and informed that the Regd. Will was irrevocable at any circumstances but one active lawyer involved in this Regd. Will property and made a Declaration Deed to acquired the entire property and violated the Regd. Will conditions. Is this can be challengeable in Dist. Court? Please suggest urgently.

adv. rajeev ( rajoo )Online (Expert)
17 May 2016

What is that deed provide me the details so I can advice you correctly.
the will is binding on all, it can not be changed by declaration deed, it can be challenged not in the dist., court but in the civil court.

Rajendra K Goyal Online (Expert)
17 May 2016

Full details needed for any proper advice, discuss with your lawyer.

Kumar Doab (Expert)
17 May 2016

You have posted that:

"but one active lawyer involved in this Regd. Will property and made a Declaration Deed to acquired the entire property "

Do you mean to say that;

The lawyer made a Declaration Deed during the life time of Paternal Grand Mother and she signed it with her free will?

The lawyer made a Declaration Deed after the life time of Paternal Grand Mother and her signature are forged?

Or you mean anything else?

Certainly you may show all docs on record to an able counsel specializing in such matters.

Velide Anand Online (Querist)
06 June 2016

Dear Sirs,

My paternal great grandmother was executed a Regd. Will in 1943 for the property of temple with 10 witnesses at Regd. Office.

In this, Regd. Will she had divided the property into two shares. One share is Income and some scheduled property to my Grandfather as an individual and generation after generation they can enjoy with full rights. And second share is job of Dharmakartha and they don't have any income and scheduled in this temple. The first person can hold as an individual post of job of Dharmakartha and not generaton after generation. The second persons can hold the job of Dharmakartha both wife and husband not an individuals and his generation after generation can hold the same post of job of Dharmakartha. The job of Dharmakartha is not transferrable in any manner. No one else shall have any right to claim or right for the this pose of Dharmakartha. The temple cannot be martigage , Mutage and transfer in any manner of every one. The property land belongs to temple and residence purpose only not any commercial activities. Every can enjoy their rights according to Regd. Will. The Regd. Will Deed cannot be irrevocable in any manner.

The First Dharmakartha died and Second person's wife also died. The job of Dharmakartha and his children had made this single property land into two parts and given for commercial complex in municipal office for nearly forty years back. And now they transferred the entire property with movable and immovable through Registration of Book-IV, “Endowment Deed” to a trust and proposed to make commercial activities with help of an active lawyer. According to my several objections they cancelled the Endowment Deed” recently.

Now they colluded with the same active lawyer prepared a “Declaration Deed” and transfer the entire movable and immovable property and Registered at Sub-Register office by Book-IV. In that Declaration Deed it is mentioned that this active lawyer would become Dharmarkathaship for the entire temple and entire movable and immovable properties go to a sadhu santh matt which located in Rajastan and our temple located at Telangana. Now, they want to collapse the entire temple and want to build commercial buildings in this temple area with the help of Matt and an active lawyer.

They collapsed my possession house inside of the temple for which given by my great grandmother through Regd. Will and it is in our possession since 80 years back before introduce the Regd. Will. She made condition that No one else shall have any right to claim and right in my / our scheduled property and they had stolen my entire movable assets. I filed the through written complaint at Police Station but they didn’t care one this. And again filed the same at Jr. Criminal Court then the police have given that this case is in civil nature we cannot do anything and they influenced by an active lawyer. The same matter I submitted at the same court and filed protest petition.

Shall I have the choice to complaint to Hon’ble Bar Council of India for this kind illicit activities doing by ac active lawyer who has been threatening me and my family in the name courts and judiciary since long back. He is influencing everything in local society due to he has nearly 50 years advocate practice.

Except me, nobody wants to take step against him due to he is a senior most advocate in our area.

Now I want to file civil and criminal cases for their illicit activities. So, kindly give me the proper guidelines to save a Hon’ble temple which is located in prime area.

Thanks & Regards,

Kumar Doab (Expert)
11 June 2016

Engage a very able counsel at your location.

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