Legal Question in Real Estate Law in India

Hi

My Grandfather wrote a will saying his House with land will be shared equally within his three daughters.This will was registered.

But after 20 years without cancelling the will, he wrote a settlement paper saying he is giving the house with land to his 3rd daughter only and so others doesnt have any rights on that property.This settlement paper also registered.In this condition which is valid?Registered will or Registered sttlement paper?


Asked on 10/18/09, 3:21 pm

3 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

The Will and the Settlement will have to be studied thoroughly for an opinion.

My email: [email protected]

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Answered on 10/18/09, 8:13 pm
Shrichand Nahar S.V.Nahar, Advocate

A Will take effect only after death of testator.

Since your grandfather, during his life time, disposed of the property, the bequest in Will of the same property would become redundant.

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Answered on 10/18/09, 11:46 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the property is his self owned/acquired, he can dispose off the same through will but in case it is a joint family property, the will is non effective and you all have an equal share in the property. give details.

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Answered on 10/20/09, 2:11 am


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