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venkatesh (engineer)     25 April 2016

Will made by mentally ill pationt

Dear Experts,

One fundamental question . If a person has one son and one daughter and has ancestral property and if daughter relinquishes her rights in the property. Then after few years if father makes registerd will to his daughter during mentally ill condition,After couple of years when he is cured from mentall illness if he realizes his previous will and leaves a unregistered will to his son by specifying the mental unhealth as the reason for cancelling the registered will.Would son only be the legal heir for the whatever the property in the father name after the father death?

Regards

 



Learning

 1 Replies

Kumar Doab (FIN)     25 April 2016

 Even registered WILL can be cancelled.

The latest valid WILL shall prevail.

The daughter (sister) has relinquished her rights. Hope it was a vaild and registered deed.

The father may be having vaild proof of mental sickness and cure.

The father can also gift/sell/transfer/release/settle the property by a vaild deed. 

 


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