Sameer (N/A) 19 August 2013

Un-registered will + court settlement

I've an unregistered WILL written by A in favor of Me for property X. A has only son B. While B was having disputes with his wife, they settled in Lok Adalat with some conditions before Junior civil judge. One of that condition is that B or B's wife or their minor children should not have any objection in A giving X as a gift to me. A, B & B's wife all are accepted that & signed. B's children are still minor.

In the will it is mentioned that , as my family served through out our entire life to A's family.....A would like to give the property X to me after his expiry. A has expired and now B & B's wife are not willing to give the X to me.

WILL written in 2003 and court settlement done in 2004. I'm sure there are no WILLS written later

How likely, I'm going to get X based on A's Will and the court settlement ?

And how should I proceed further ?

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4 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 19 August 2013

Registration of will is optional Will you have with you, X property is not in your possession. After death of executant of will they promised to handover possession X property. Basing on will you will have to file a suit for possession of X property.

T. Kalaiselvan, Advocate (Advocate) 10 November 2013

If the conditions for amicable settlement have been agreed upon by both the parties before the Lok Adalat and the Lok Adalat has passed orders to this effect, the same cannot be challenged through an appeal despite the fact that A had or not had clear title over the X property which he intended to give away to you through a Will executed in your favor and did not revoke it before his death.

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Sameer (N/A) 14 November 2013

Thanks dear Kalaiselvan.

So what I need to do now ?

Can I directly apporach Sub-registrar to register the property on my name by showing the will & court settlement documents ?

I need to file a petition in the court ? (FYI, I'm from Andhra Pradesh)

T. Kalaiselvan, Advocate (Advocate) 14 November 2013

Mr. Sameer,

You can register the property on the basis of Will and court order (by Lok Adalat) which contains the duly signed agreement by the siblings of A before the Judge at Lok Adalat.