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shubham G   14 October 2022

"will" will stand valid or not?

Mr XYZ bought a land in 1970 and Mr XYZ is died on 2015 and his 4 sons (Mr A,Mr B, Mr C, Mr D) became owner jointly on that land because partition deed is not done 

In 2022 June, they have sold that land to Mr EFG, sale deed also done and money is given equally to 4 sons

After 2 months  Mr C found a original "Will " of his father Mr XYZ  in this Will it stated that whole land should be transferred to Mr C after his death because he has taken care of his father till death

Since Mr C got a "Will  "can he claim money from Mr A , Mr B , Mr D of that land  and he don't want bring Mr EFG in this matter because he has good relation with him 

 

So this Claim with help of Will is valid ?

Can he claim full   amount of that land ?

Please give your suggestions on this above matter 

Thank you 

 

 

 

 



Learning

 9 Replies

Sourav Das (Advocate Supreme Court of India)     14 October 2022

Now C can not claim anything

1 Like

Naveen Kumar   14 October 2022

yes he can claim the property
1 Like

shubham G   14 October 2022

@sourav Das and @naveen kumar both given different opinion I'm confused 🤔

P. Venu (Advocate)     14 October 2022

The querist's profile suggests that he is setting question papers for us!

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     14 October 2022

Yes.  I have also observed.  The queriest put academic queries.

Advocate Bhartesh goyal (advocate)     15 October 2022

Yes " C " can not claim property as he has sold the property thus waived his right .

shubham G   15 October 2022

Thanks you 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 October 2022

Someone can claim that an existing will cannot be produced because it is not found where the testator was known to keep it. As a result, the court may presume that the testator intended to revoke the will and not that the will was lost or misplaced, and deem the will to be invalid. 

1 Like

soham sarang   19 October 2022

covenants of land If there is a condition given to any kind of transaction on land it has to be followed and duly accepted it is the right of Mr C to claim the money from the other brothers

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