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Final Will Deed is unregistered & 1st Will with Gift Deed are registered – Clarification on validity My father (Mr. X) during his initial time has drafted his 1st Will Deed in the year 1988 and the same was registered in the same year. Subsequently, a GIFT DEED has been registered in the year 1988. The brief information of the 1st WILL DEED and purpose is given below: Out of the total property of 364.5 Sq Yds, 95 Sq Yds has been awarded as
Question
Final Will Deed is unregistered & 1st Will with Gift Deed are registered – Clarification on the validity
My father (Mr. X) during his initial time has drafted his 1st Will Deed in the year 1988 and the same was registered in the same year. Subsequently, a GIFT DEED has been registered in the year 1988. The brief information of the 1st WILL DEED and purpose is given below:
Out of the total property of 364.5 Sq Yds, 95 Sq Yds has been awarded as “Pasupu Kumkuma – Transfer of Property” rights to the daughter of Mr. X (my father). Subsequently, usage rights of the Well and Septik Tank facility have been extended to both Daughter and Wife with other 3 sons (total 5 members). As per the extracts of the 1st WILL, it is proposed for common ownership usage rights and has not mentioned any “SALEABLE RIGHTS” of the common utility/spaces for either member out of 5 members. In this context, a subsequent GIFT Deed has been executed and registered. However, in the last part of the said “1st WILL”, it was clearly mentioned that “ANY CHANGE OF THIS 1ST WILL RIGHTS SHALL CLEARLY BE RESTED WITH MR. X (MY FATHER) HIMSELF UNTIL HE IS ALIVE”.
Mr. X (my father), in the year 1994, an extended “2ND WILL” where he mentioned clearly as below:
“Even though the sale of 95 Sq Yds has been made to Daughter, it is clearly mentioned that the rights of common spaces like Well and Septik Tank & Entrance Pathway (way for entry and exit) has been given only to “WIFE and 3 SON’s” and usage rights were only given to “DAUGHTER” subject to its validity until “Mr. X’s WIFE and 3 SON’s” object such usage rights by the daughter of Mr. X (my father). Further, Mr. X didn’t specify or speak about the “GIFT” settlement deed that was registered in the year 1988″.
“This latest update has been clearly mentioning by Mr. X (my father) in the latest “2nd WILL” in the year 1994. Further, a clarification has been given w.r.t. Entrance Pathway (way for entry and exit) for Mr. X’s daughter that she or her family members or any visitors can use the area of entrance “AS SPECIFIED BY MR. X’s WIFE or 3 SON’s”. This mentioning of the entrance is declared as “USAGE” rights and not “SALEABLE” rights in this latest “2nd WILL”.
Issue:
– 1st WILL Deed & Gift Deed is registered in the year 1988 itself
– 2nd WILL Deed in the year 1994 is still unregistered to date
– Sister claiming that “Well, Septic Tank and Entrance Pathway related Saleable rights are with her alone” and not with “Mother and 3 Son’s”.
Query:
Now, our objection/clarification is required for below:
– Who has the rights of “SALE” w.r.t. “WELL + SEPTIC TANK + ENTRANCE PATHWAY”?
– Can sister legally, object and stop the sale proceedings to the extent of 364-95= 269 Sq Yds given to Mr. X’s (my father’s) WIFE and 3 sons?
– Is there any requirement for Mr. X’s daughter to sign on either sale/development-related documentation of the property (to the extent of rights for 269 Sq Yds as per WILL DEED given by Mr. X (my father))?
Answer ( 1 )
Sister cannot legal object however she can file a suit and get the Will set aside if she is able to prove that the Will is surrounded by Suspicious Circumstances. as per law, WIll is not required to be registered and if in the unregistered Will, the testator has mentioned that his earlier Will is hereby set aside or is null, then the second Will made will get the validity. For Further clarifications, you need to provide certain facts which are not mentioned here. kindly contact the online lawyer through whatsapp link or chat.