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Vinu (Software Engineer)     27 February 2010

Writing Will and Later Land Registered to Witnesses

In 1979 : My Grand Father (Christian) writing a Will distributing his land (37 cents) to two sons S1 and S2. Will is registered/executed in the Registrar Office. Witnesses are his daughters D1 and D2.

In 1985 : My Grand Father changed his mind and registering 5 cents land to S1, S2, D1 and D2. He didn't write any new will or made any modification to his first will. And this 20 cents is from the 37cents land he owned.

In 2001 : Grand Father expired. Grand Mother and other daughters D3,D4,D5,D6 have not received anything. My Grand Mother arguing that the 17 cents remaining should go to D3-D6, that was his intention while registering land in 1985. And their sons S1&S2 doesn't agree to this. Also Grand Mother doesn't have any written proof for his intention or wish.

  • In this condition is there any support my Grand Mother and D3-D6 can get from the law if they approach the court ?

My question is once he has registered/given 20 cents in the name of his sons and the witnesses,
1) What will happen to the remaining 17 cents land, which is still in Grand Father's name ?
2) Is the first will he has written before land registration is still valid ?
3) Whether the remaining 17 cents land will go to his sons S1 and S2 ?
4) His widow or any of his daughters (D3 - D6) who didn't get any land can claim the balance 17 cents ?

I really appreciate your valuable comments.



 5 Replies

Arvind Singh Chauhan (advocate)     27 February 2010

first will he has written before land registration is still valid. Therefore remaining 17 cents land will go to his sons S1 and S2.

ad. creaminall (professional Advocate)     27 February 2010

The first will is valid and the land will distribute as per the registered will.

V. VASUDEVAN (LEGAL COUNSEL)     27 February 2010

What Adv. Arvind is stated is a general position. However, please check the following points: 

- Are the land registrations done after execution of the will by way of gift/settlement

- if so, what was the reason cited in the will for the gifting/settlement 

These would provide crucial clue to as what was his intention of the registration. The non-beneficiaries can still challenge the will based on the above clues and at least it could open a field for amicable settlement.


Anil Agrawal (Retired)     28 February 2010

Will necessarily does not include all the property. The testator may buy or sell property after writing the will. What finally remains, if any, will be distributed to the legatees.

Suppose he had sold all the 40 cent land after writing the Will, what would the sons and daughters do?

Vinu (Software Engineer)     02 March 2010

Thank you all for the valuable comments.

So only option left is to find out some clue which will help to challenge the WILL.

Once again thanks to all !!!

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