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GAURAV TIWARI (student)     31 March 2014

Unregistered will

Dear Members,

The query is as mentioned below:

A will was made in 2010 by a mother whereby, the property was bequeathed to her 3 sons. But, the descripttion of the property i.e. the Khasra No. is wrong in the said will. They are trying to settle the matter amicably. But, the son in whose favour the land is bequeathed is not willing to do so. He is afraid that he won't get his share in the property. The said will is unregistered. Now, what can be done in this matter?

Thanks in advance.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     31 March 2014

Whether the Will was registered or unregistered it has got the same value.  Upon the death of the testator, i.e., the mother, the Will can be acted upon by probating the same before the District court of your jurisdiction,  so during the proceeding of the probate petition before the court, the matter will be resolved by the court, contact a local lawyer and proceed as per law.

sonavnayak (a/c)     31 March 2014

we have 2 brother, and my father and mother died without any registered will, we have a step brother ,  we are the sons of mother second marriage, and my father don’t adopted my step brother. My mother passed his right of property 100% to my father , stating that his husband is only having 100% right, also mention that she has only two sons, not any right for previous sons. My father also passes all property rights to me as 100% and my younger brother gave NOC as he is not any interest or any claim for the said property. Now step brother objected for said property. Can society has right to stop me to sell out property which is transfer in my name after the death of my father, even he has fail to prove his legal heir ship in court.


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