Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mythili (none)     09 July 2014

How can a registered will reversed?

Dear Experts, Here is a scenario I need your help. Your advise on how to go about will be immensely appreciated. My mother's grandmother who had a property in Chennai in her name (bought from her husband as sale deed in 1934) was made to sign a will as follows by my uncle with witnesses he knew and was registed: ''After my death, my only daughter and her husband (still alive) to enjoy the property without selling rights. After their life time, the property to go to my elder grandson (also executor of the will) and my younger grandson's wife'' There are 4 grandchildren born to only daughter for the will maker - my mother, my mother's elder sister, elder brother and younger brother. Now, we came to know about this will and we fought with my uncle. We know legally there is no ground for us. After years of fight my uncle agreed to give us share in the property and had asked us to find out a solution. We have consulted over 5 advocates and each one is saying different solutions like 1.we have to wait till my grandparents expire since they have life interest and my uncle and aunt have no power now 2.my uncle and aunt can write a declaration saying he and my aunt doesn't need the property and if done the property goes back to my grandmother and she can make deed 3. my uncle has to give a release deed and aunt a sale deed (since not blood relative) Request you to please suggest how to go about it or is a way to do anything on this. We are sure if we wait till our grandparents expire my uncle and aunt will not agree to give share.



Learning

 8 Replies

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     09 July 2014

Any will can be changed, registered or not. There is a HC judgement that says the later will need not be registered.

Change can be by means of a new will or a codicil. It is simple; if the testators are willing.

Mythili (none)     09 July 2014

Thanks for your reply Sir. But the person who wrote the will is not alive. 

Bharatkumar (ADVOCATE )     10 July 2014

If person is alive then his last WILL is velid.  

adv.raghavan (Advocate,9444674980)     11 July 2014

You may request your grand parents to  revoke earlier WILL and go for new one. If you want to proceed with the existing WILL, your uncle and his wife do have only enjoyment rights, so even if you get relinquishment or release deed from them will not be sufficient. Even if they issue declaration, they will be appointed as guardian for the properties, till the  rising of elder grandson. (executor) if he is a  minor. At this moment you have no rights to ask for a share in her property. After their demise it wont be so easy to ask for any share, as the WILL is registered and the property is self acquired, as she has all the rights to do what she wants. 

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     11 July 2014

Your mail was copy-pasted by me with the intention of correcting it into a more readable prose. I gave up after a few sentences.

One needs to understand that clarity in writing, especially in matters relating to law, is all important. We understand that usually complainants are agitated and simply hit in keys in anger or frustration. Unfortunately, that does not solve the issue.

Please keep it short and simple. Above all, remember that you know the subject, the reader does not know you from Adam, or Eve. Give names, proper relationships. "Elder" can mean anything, especially if there are many brothers. Did you mean "Eldest"?

Granted that English is not our mother tongue but an effort has to be made. Please try and keep sentences short, around 20 words maximum. Paragraphs of about 70 words should be the outer limit. The reader gets tired and forgets what he started with. Each paragraph must deal with a separate point. What journalists call 'grey mass' is extremely difficult to comprehend.

Lawyers tend to write like that. I have a power of attorney from an Australian solicitor that is a three page long monograph!. Yes, no full stops, only commas, semi-colons; that's all. No wonder such lawyers lose their cases.

Please try and re-write what your problem is.

Thanks,

Bapoo M. Malcolm

P S There are excellent sites for simple language use. Please try them. I learn a lot from them.

adv.raghavan (Advocate,9444674980)     11 July 2014

Kindly clarify are u addressing me or the Querist.

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     11 July 2014

Dear Advocate Raghavan,

 

Obviously, all correspondence is addressed to the querist. The words that I used are from the querist's mail.

 

If addressed to anyone else, like in this instant case, one always uses a different calling sign.

 

Thanks, anyway,

 

Bapoo M. Malcolm

Arpit lalan (Legal Consultancy/Advocate)     27 August 2014

Dear Querist,

                          Just to inform you for the first and final time follow with what Mr. Bapoo M. Malcom has advised. It will take you a long way in future as well.

However, basics are:-

A will can be modified. (its called a Codicil)

of course - commonsense - Testator has to be alive!

you can write in small, concise questions which are specific as well.

thanks.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register