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narinder_6in   17 August 2011

Wills

My grandfather bought a commercial place in 1949 in Delhi.  It is basically DDA land and it charges some rent for it every year.  There is no registered document fo the property.

My grandfather has expired and has 3 sons (including my father) and 2 daughters.

The youngest son says that my grandfather had executed a will in his favour before he expired so he is the owner of the entire property.

My queries are as follows:

1.  Since the will was executed without the knowledge of other children, is it legally binding on other children of my grandfather. 

2.  I don't think the will was ever registered before the Registrar.  Does it make a difference?

3.  Can a will be executed on unregistered property?

4.  Is my father entitled to any share in that property in spite of the will?

5.  Can the will be challenged as it may have been made by fraud since my grandfather used to live with the son who got the will executed in his favour or is it totally binding on everyone?

 

Please advise.

 



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 August 2011

It is self acquired property of your grand father, when there is will, as per the will in whose name property is given is owner of the property. Un regd., and regd., will have got same value, both can be challenged. Will can be challenged onthe grounds fruad, forzed etc., Your father has no right over the self acquired property of your grand father. Your grand father has not not died intestate.

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