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Madhu   30 May 2021

Can agreement between legal hier supersede the will document

Hi Sir/Madam,

My grandmother (father's mother) has got 1 acre of agriculture Land registered in her name - self acquired property.

Family details: She has 1 son and 3 daughters

Content of Will: She has left a will in sound conscious that "Equal share to 4 of them. And if by any chance the property is not shared/sold at the time of my son (i.e., my father) expiry then it belongs to my 3 daughters only"

And the will was written in year 2011 with two witnesses. And it is not registered & it was done on 100 Ruppes stamp paper. She expired in tear 2016 and later land was transferred to my grandfather name who also expired in 2017. So now we are planning for it.

Have few queries
1. Since the will is not registered is it valid? (Reason for asking this is I heard that any will not registered after 2010 or 2007 is not valid)

2. Today, if all 4 of legal hires make a new registered agreement between them to divide the land into equal parts among themselves or have equal share for all legal hires ehen sold anytime later, even after Denise of my father. Can this new registered agreement supersede the actual will document

3. Will there be any problem if land is divided and I retain the land still after my father's existence?

Thanking you in Advance.



 9 Replies

Sankaranarayanan (Advocate)     31 May 2021

Need more clarity on your query.

1.. Un registered WILL also valid as per law

2.Based on the WIll it can be distributed mutually  among the said legal heirs. Your father share will be distributed with your father legalheirs.

3.Once it been divided then the right of the property automatically comes to them.  where is the question of problem?

G.L.N. Prasad (Retired employee.)     31 May 2021

 .  Grandmother has expired in 2016 and the will was in 2011..  Where is your grandfather's role in grandmother's self-acquired property given to their children through a will?  When all her four children are very much living, where is the complication ?.  They can enter into a family settlement deed either to divide the property into metes and bounds or sell it away and share the proceeds less expenses into four shares. Once your father secures a share, his legal heirs are equally entitled to his share, as the property was divided during his lifetime and he became legally entitled to his share during his lifetime.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 May 2021

In my opinion, You need to firstly file a probate of the Will before the High Court or civil court depending on the jurisdiction, thereafter the court will issue notice to all the legal heirs and ask for their no objection, when all the heirs have given their no objection to the Will , the court will issue a letter of administration. Accordingly property can be registered in their individual names....

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 May 2021

When your Grand Mother wrote her Will, your Grand Father did not figure in the same. How come, the property was transferred to his name in violation of the Will?

Dr J C Vashista (Advocate)     01 June 2021

The will (unregistered) is a valid document, if the witness(es) is/are available to verify signing the testator. However, it is required to be compulsorily probated if the property falls in either of the Presidency Town i.e., Bombay, Calcutta or Madras.

There after issue of "Will" stand closed.

When the property is devolved in the name of beneficiaries of the Will executed by your grandmother (your father and his sisters) it is their "self-acquired" property, which they may distribute as convenient / agreed between them.

Such an agreement (between your father and his sisters) has no relevance to the "Will". executed by your grandmother.

If you are still not satisfied or has some more queries/ questions on the subject, it is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

P. Venu (Advocate)     01 June 2021

The facts posted are confused or meant to confuse as suggested by the concluding query "Will there be any problem if land is divided and I retain the land still after my father's existence"?

After the demise of the grandparents, who is in possession or occupation of the property?

T. Kalaiselvan, Advocate (Advocate)     02 June 2021

Whether your father and his siblings want to acquire the property of their mother by Will or on the basis of the intestate succession, they all can decide about drawing an amicable partition deed with mutually agreed conditions and get the partition deed registered.

after that the respective shareholder shall become an absolute owner of their respective share in the property.

Thereafter your father can become an absolute owner of his share in the property with clear and marketable title.

He can decide bout transferring the property to your name or to dispose it in the manner he may desire and decide. 

k.n.VIJAYAKUMAR   05 June 2021

I am sorry for a small clarity. Written clearly it only for 3 daughters -if it was not divided during your fathers time. 1st it cannot be mutated to fathers name. next -as per the will it can go only to 3 daughters. 3 rd -sir had correctly said it has to be probated  first.

P. Venu (Advocate)     05 June 2021

Mr. Vijayakumar - 

If a new query, please post in a separate thread.

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