LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajaraja   15 January 2023

My fathers will

I am Raja Rajan, age 42, a physically disabled person, unmarried sir. My father has 3 self earned properties. I have 2 elder brothers and they both were married.

As i am disabled & living in wheel chair, my father wrote a will that all his self earned property belongs to me and i hav the right to sell it. And the will was registered in sub registrar office.

My elder brothers are living in each one houses (my fathers house which he gave to me thru will). In 2020 december my father died, my brothers said they will take care of me, so in january 2021 i wrote a will and registered in sub registrar office that one house bongs to my 1st elder brother after my life time & another house belongs to my 2nd elder brother after my life time. They also agreed to give rent to me for my expenses.
But now my brothers are refusing to give rent to me?
How can i collect rent from them sir?

 



Learning

 7 Replies

bharat kothari   15 January 2023

will can be cancelled at any time it is your choice.

Advocate Bhartesh goyal (advocate)     15 January 2023

Will comes in effect after the death of testator and till his death  property remains in ownership of testator and he has right to cancel the same ane execute another will in favour of anyone or transfer the property by sale or gift to anyone as per his choice. Issue legal notice to your brothers and demand due rent.

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 January 2023

Your will shall come into force only after your lifetime hence you cannot demand any rent on the basis of the will.

You should enter into a rental agreement and demand monthly rental amount or issue an eviction notice to them to vacate the property so that you can let it out on rent to any other tenant.

The Will has got no value during your lifetime.

Dr J C Vashista (Advocate)     15 January 2023

I concur with experts.

Your will shall be effective after your death.

Any time you may change / modify or cancel the will already executed.

Adv.Asgher Mahdi (Advocate)     16 January 2023

As suggested by other memebers will of you effectively only after your death. In your instant case, the best solution would be revoke the given will through proper channel by publication in 2 daily news paper one in a varnacular language. And, thereafter, you on your own or through your advocate serve them revocation of will  notice through RPAD even to the existing tenants.

Thereafter, with the valid suporting documents, enter into a fresh lease/rental agreement with the existing tenents or vacate them and enter a fresh lease/rental agreement with the new tenants.

Least, you should be more careful with the existing tenants so that they should not take undue legal advantage of a fight between  you & your brothers. I suggest you to consult your advocate,

 

Dr J C Vashista (Advocate)     16 January 2023

There is no need to get revokation of will published as suggested by expert Sh. Asgher Mahdi, since it has no effect during your lifetime.

I agree with the above experts, consult a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding to protect your interest

Sudhir Kumar, Advocate (Advocate)     19 January 2023

Not able to agree or disagree with above views.

you said

"i wrote a will and registered in sub registrar office that one house bongs to my 1st elder brother after my life time & another house belongs to my 2nd elder brother after my life time"

 

So the facts you said that

  1. ou have signed a document
  2. the document is registered.
  3. you believe the document to be WILL.
  4. the property belgongs to "X" in you life time
  5. the property belgongs to "Y" after your death
  6. the consument is signed in cosideration your brother taking care of you.

It appears that you have probably passsed on the ownership of property to "X". If that is so  therefore now:-

 

  1. Any WILL made by you in favour of "Y" may not be valid.
  2. You may not be able to revoke this paper.

 

The document appears to be someting more (or differnt than a WILL). A perusal of the said document is absolutely essential for forming any view on the matter,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register