sagar (-) 19 March 2023

Property related

My grandfather had purchased properties by his own income but registered all properties in my grandmother's name in 1960 later my grandfather in 1980 asked my grandmother to sign on a deed in which my grandmother relinquished all rights on the properties with two witness signed the deed but its not a registered deed.Later My grandfather on his deathbed in 1990 made a will giving all property to my uncle and not my father and later my grandmother in 1995 made a will giving all property to my father.My grandmother died in 2007, so is my grandmother's will valid ??

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Advocate Bhartesh goyal (advocate) 19 March 2023

Since your grand mother was registered and absolute owner of properties so she had every right to transfer the properties to anyone as per her wish.Will executed by your grand mother is perfectly valid and legal.Will executed by your grand father has no validity as he had never been owner of said properties.

Dr J C Vashista (Advocate) 19 March 2023

Well analysed, opined and advised by learned expert Sh. Bhartesh Goyal, I endorse and appreciate.

As you have stated, inter alia, that,

".......my grandfather in 1980 asked my grandmother to sign on a deed in which my grandmother relinquished all rights on the properties with two witness signed the deed but its not a registered deed..........."

What is the deed stated to have been executed by your grandmother, if it is relinquishment deed it is null and void, invalid and no document in law ?

Even otherwise "Unregistered deed" is null and void for transfer of title of your grandmother, she is absolute owner.

Did you apply and probate (if required) will of 1995 stated to have been executed by your grandmother in favour of your father ?