Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Rahul Maurya   09 September 2020

final will

Hi All,

first of all thank you for Reading my query.

My father has registered two bills
1. first one states that all the property should be given to my brother's son (my father's grandson) after his demise.
2. In second one he states that only one part(let's say x) of property should be given to my brother's son(my father's grandson) and remaining should be devided equally between me and my brother.

but using first will my brother's son has transferred all the property on his name

how should I proceed with legal proceeding?

please help


Learning

 8 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 September 2020

Which Will is dated later?

Dr J C Vashista (Advocate)     09 September 2020

Which is the last will ?

Vague facts have been posted.

Rahul Maurya   09 September 2020

thank you for your replies second will is the latest one

SHIRISH PAWAR, 7738990900 (Advocate)     09 September 2020

Hello,

You have to file a civil suit against your brother's son for his illegal act. The property has to be divided between you and your brother as per second will. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     09 September 2020

The last Will whether it is registered or not will come into effect after the death of the Testator.  If any dispute, file a case in the Court.

2 Like

P. Venu (Advocate)     10 September 2020

The facts posted are vague and disjointed. Yes, it is the second Will that prevails, irrespective of being registered or otherwise, that too after the lifetime of the testator. However, the query is silent as to whether the testator is alive or otherwise and also, how the property has been 'transferred' - Is it a mere mutation in the revenue records or something more? 

1 Like

Rahul Maurya   10 September 2020

Hi all,

Tahsildaar has ordered property in the name of my nephew on the basis of first will which is canceled ( this is being written in final will )
as it is very much obvious that testator is no more alive , and property is reflected in khatauni(account book)

P. Venu (Advocate)     10 September 2020

You can bring  the matters to the notice of the Tahsildar and seek remedial action and followed up with the District authorities,  if necessary. If not successful,  the matter need to be agitated in a Court of Law. 


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