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Rupesh Patel   05 November 2023

What takes prescedence a will or dastavesh

Hello

My wife's god-mother transfered her property 3 floor bangalow in Surat city before she passed away. City Survey comes under my wifes's name. The problem is some many years ago my wife's god-mother husband made a will and gave permission to my mother-in-laws 2 brothers to stay on the 2nd and 3rd floor for free. The will is registered in Baruch.

My mother-in-law's both brothers have passed away but the wife's are still alive. 
 

My wife wants to sell the property and the parties are asking 1/3 each of the share. We are not in an agreement as my wife's god-mother has told us not to give them a cent. However out of goodwill we are willing to give 1/5 each to the both the parties which they have rejected.

Question does a will takes precedence even after the executer has passed away and a new dastavesh has been registered.

What can we do in this case ? Any solution will be appreciated.

Many thanks!



Learning

 3 Replies

Dr. J C Vashista (Advocate )     05 November 2023

The two brothers of your mother in-law has no right, claim, interest or title in the property owned and transferred by her in favour of your wife.

At your / your wife's will and wish they may be given "out of love and affection" but they are not (legally) entitled. 

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     06 November 2023

If the property was self acquired property, then the transfer is valid and no other person shall hold any right except your wife is transfer is registered.

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

The property transferred in favor of your wife by a Will is legally valid, hence she need not give any share to anyone.

If her courtesy to give 1/5 share is not acceptable to them let them go to court and claim their share, if at all they are entitled. 


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