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Sameer (N/A)     19 August 2013

Un-registered will

I've an unregistered WILL written by A in favor of Me for  property X. A has only son B. While B was having disputes with his wife, they settled in Lok Adalat with some conditions before Junior civil judge. One of that condition is that B or B's wife or their minor children should not have any objection in A giving X as a gift to me. A, B & B's wife all are accepted that. B's children are still minor.

In the will it is mentioned that , as my family served through out our entire life to A's family.....A would like to give the property  X to me after his expiry.

 

A has expired and now B & B's wife are not willing to give the X to me.

 

How likely, I'm going to get X based on A's Will and the court settlement ?



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 10 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     19 August 2013

will need not be registered. you need to approach court to get probate.

Mohammed Ameenuddin (Sr. Legal Manager)     19 August 2013

what is the stauts of will, is it registered?

-M A

Mohammed Ameenuddin (Sr. Legal Manager)     19 August 2013

what is the stauts of will, is it registered?

-M A

Sameer (N/A)     19 August 2013

No, the WILL is not registered.

2BHelpfull (Other)     20 August 2013

registration of the WILL IS NOT compulsory.

2BHelpfull (Other)     20 August 2013

check ur PM Inbox

NGOKC (pm)     20 August 2013

will will have value only if A's property in question is self acquired

else you have no claim

as ancestral property can be claimed by b and his wife and children

Sudhir Kumar, Advocate (Advocate)     20 August 2013

will is valid.  you have to prove its authenticity when  challanged.  Every will is meant to bechallanged.

1 Like

Sameer (N/A)     20 August 2013

Hello dear NGOKC, A has acquired the X through a gift deed made by his aunty(mother's sister) in around 1950. Will it come under ancestral or self-acquired ?

NARENDER RAO BASAVARAJU (ADVOCATE)     21 August 2013

IF  A HAD ACQUIRED THE PROPERTY BY A VALID GIFT DEED, HE HAS RIGHT TO EXECUTE A WILL. THIS WILL IS VALID AND NEED NOT TO BE REGISTERED. FOR THE NEXT COURSE OF ACTION I ADVISE YOU TO CONTACT A GOOD CIVIL  LAWYER IN TOWN WHERE THE PROPERTY IS SITUATED..

1 Like

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