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Sonam   19 June 2024

Property will problem

My grand father Murli Prakash Mishra. He prepared a will of a property which he acquired by partition among hi brothers  and the will is registered in court. The will has following clauses: 
50% of the property will go to his daughter.
25% will go to his other son and 25% to his sister. 

Please let me know if there is anyway my father can get his share of property.


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     19 June 2024

The property bequeathed by your father through the Will is his own and absolute property which can be otherwise be termed as his self acquired property.

The Will what he has executed can be cancelled or amended during his lifetime.

If he do not want to give any  share to anyone  then he can cancel the Will  even if it is a registered Will, by simply notifying the cancellation.

Thus by revoking the Will the entire property will come back to him.


P. Venu (Advocate)     19 June 2024

The query is vague and short of material facts.

Will takes effect after the lifetime offer your testator. Is your grandfather alive?

Is your father  a beneficiary of the Will?

It caanot be case that the Will could be registered in the Court.

Admittedly, you are not in the know of the complete facts.

kavksatyanarayana (subregistrar/supdt.(retired))     19 June 2024

Your grandfather acquired the property by a partition with his brothers and the share of your grandfather shall be deemed to be his self acquired property. And he can do it as he wishes but the contents of the will come into force only after him.

Dr. J C Vashista (Advocate )     20 June 2024

Registration of Will is not within jurisdiction of Court but Sub-Registrar, recheck.

Whether partition between Murli Prakash Mishra and his siblings has to be perused to form proper opinion and oblige.

Advocate Bhartesh goyal (advocate)     20 June 2024

Your grandfather got the property in partition so it shall be deemed his self acquired property and your grandfather has every right to transfer it to anyone as per his wish, no one can challenge his will.

Parth Chawla (Lawyer)     21 June 2024


I have read your query and would like to answer your questions but before that lets examine the validity of the will. As mentioned by you that your grandfather got his share of property through partition which means he is the sole owner of the property after partition, therefore, it will be referred as his separate property or self-acquired property, therefore, he has a right to transfer the interest to any person as per his wishes.

Some grounds for which a will can be challenged are as follows:

·       Section 61 of Indian Succession Act, 1925 states that any will which has been obtained through fraud or coercion can be challenged.

·       Section 59 of Indian Succession Act, 1925 states that any will made by a person of unsound mind, minors, ill or intoxicated can be challenged.

·       Section 89 of Indian Succession Act, 1925 states that a will without a certain object or subject would be invalid. For example any irrational terms with no clear beneficiary, ambiguity or confusion with respect to the intention declared by the testator in the will.

·       Section 124 of Indian Succession Act, 1925 states that a contingent legacy can take affect only on the happening of that contingency. A contingent will whose execution is dependent upon the happening of a specific event or condition.

·       Section 127 of the Indian Succession Act, 1925 provides that any condition of the will which are illegal or immoral can be declared void, or if the conditions are against any public policy then it would be declared invalid.

If there is no infirmity in the will as per the provisions mentioned above then the will can not be challenged and your father can reach out to your grandfather to deal with this situation amicably.


Parth Chawla

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