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aman (student)     30 March 2022

Will language dispute

My father made a will before he passed away in which he divided his property between hi two sons (me and my elder brother)..the dispute arising is because of the vague language in will for the rights of roof to his younger son (me) ..for better teference i have attached screen shot of that paragraph of will ...

 

in which he divided 6 shops between two of us my father gave shop number 1,2,3 with roof rights to my elder brother and rest shop number 4,5,6 to ke ..now while drafting this will advocate missed roof rights with shop no 4,5,6 ..although my father declaerd in his will that stairs which goes up to shops roof will be joint ..if my father dint want to give me roof rights why he has written that same stairs will be used by both of us ...my brother is saying that i dont have roof rights of my shops ...i tried to convince him that it is a drafting mistake and if i dont have roof rights then you also dont have roof rights of my shops ...now i want to go for mutation of my part of property please guide me how to clear this doubt of roof rights ...

plz find the attachment for reference 



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 4 Replies

Shashi Dhara   31 March 2022

Challenge  will  genuiness  in competent court of law.

aman (student)     31 March 2022

Can i challange the will which is made for me in my favour ?

Shashi Dhara   01 April 2022

Yes you can you have to file for P&SC in court to prove will genuiness agaist who challenges.

krishna mohan (Drafting of Commercial Contract Dispute prevention Dispute handling Contract Management etc. )     07 April 2022

Property without roof may not have been the intention as it appears your father divided equally between you. Better consult a local lawyer for a mediation and settlement amicably failing which you enjoy your rights without any hindrance. When he takes legal action you can defend your case legally and file for partition suit metes and bound.

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