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Sanjeev Tewatia (Advocate)     19 January 2009

Will in favour of Daughter and father sold the property after un-sound mind

Please tell me if any body executed and registered a will in favour of her daughter and thereafter he became un-sound mind and his treatment is done in government hospital and thereafter he sold some land from the property which is mentioned in the will and now his daughter want to stay for the further selling the remaining land by his father


 6 Replies



The testator can revoke the will at any time even though it was registered.

But in the above case the Daughter can challenge and rescind the sale deed executed by her father on the ground that the seller is unsound of mind.


sanjeev murthy desai (Advocate)     20 January 2009

Dear Mr. Sanjeev Tewatia,

1. Present mind status of her father is impartant, if he has sound mind nobody  do not has any right to stop convey from him. 

2. is there any documents shows the registrered will is revoked by testator.

3. Will is not operative till the death of testator so he has right to convey.

4.The testator can revoke the will at any time even though it was registered.

5. If he is sound mind he has the right to transfer

sanjeev desai

Sanjeev Tewatia (Advocate)     21 January 2009

thanks all of you

shailendra 09709516844 (student)     16 March 2009

 mr. jagdish is right.

Prabhat Kumar (Advocate)     18 March 2009

Will comes into effect only after the death of the testator and it itself doesnot confer any title in the favor of benificiary when the testator is alive. So in the present case if the father is alive daughter do not have any right in the property. However if the father has executed the sale deed at the time when he was not mentally fit the same can be challanged.

Y V Vishweshwar Rao (Advocate )     23 April 2009

I agree with lrd Friends !

Subject to perfect mental condition of the Fatehr,  fatehr with sound & disposing state of mind to trasact on the property  ,    the Sale deeds executed by fahter are valid .


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