Legal Question in Wills and Trusts in India

will contest

X & Y are two brothers having two side by side properties A & B respectively.In the municipality records the properties are wrongly recorded as B belonging to X and A belonging to X.This fact was known to both brothers but they had not taken any action to correct it.X dies and a third person Z comes forward claiming that X has willed the property A to him.Is Z--name removed--claim has any basis.Though the lands are ancestral but houses had been built by both brothers from their own resources.How to contest Z--name removed--claim?


Asked on 7/04/08, 3:35 am

2 Answers from Attorneys
Manish Dhingra Legal

Re: will contest

One can only will the property that is in his name. As the records and the paper shows that property B is in X name, so he cannot make a will for property A. So, Z has no claim.

Z may have some defences to it but then that depends upon some other factors.

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Answered on 7/04/08, 5:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: will contest

Z cannot claim the property. contact a local advocate and before that if will is genuine

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Answered on 7/16/08, 5:08 am


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