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vivaasvann (PM)     08 August 2012

Will the will have any value??

A very interesting query , I thank  all of you in advance.

My grandfather purchased a 2000 sq yards house in the name of my father in 1955 and through a registered sale deed. My fathers age was 9 years at that time. In 1975 my grand father executed a registered Will. My grandfather passed away in 1976. As per the Will My grandfather distributed property to My fathers sisters as well to an extent of 1000 sq yards. By the time the Will was executed, my father's age was 28 years. Since my father was absolute owner ( since the property was purchased in his name) by the time the will was executed, CAN MY FATHER CHALLANGE MY GRANDFATHERS REGISTERED WILL???

PLEASE ADVISE.

 



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 August 2012

Even though the property purchased by your gramd father in your fahter's name when he was minor, it is an absolute property of your father.  Your grandfather had no right to over that property.

Ajit Singh Cheema (practising Advocate)     08 August 2012

The will is not a valid will .As the property donot  stand in the name of the person making the will . Your father  must challenge the will ,he will get the positive results.


(Guest)

Yes, your father can always challenge the will. But howsoever, if the will has been implemented and your father kept silent, your father will have to explain the delay in challenging the same.

1 Like

vivaasvann (PM)     21 August 2012

Thanks a lot for the input you have provided.

raj kumar ji (LAW STUDENT )     22 August 2012

your grandfather can not write a will .this will is unvaluable .

vivaasvann (PM)     22 August 2012

Rajkumar ji, Thank you very much for info. I wish you good luck.


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