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Offline sreesupandi

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will dispute
« on: June 24, 2015, 01:34:27 AM »
Hi

My grandfather and grandmother had some property in warangal. They made a will in which they declared my father's brother as beneficiary of a property registered in my father.'s name. My father was a major when that proper was bought and registered on his name.

As my grandfather did not own the said property, is that property a legitimate part of the Will? If not then is the Will void completely or is it void only partially to the extent of that property. If it is partially void then will the distribution of assets owned by my grandfather stay as is in the Will or will their distribution need a rework by court?


Thanks

Akshay

Offline kphk

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Re: will dispute
« Reply #1 on: June 24, 2015, 10:14:47 AM »
What ever rights your grandfather enjoyed only will pass on to your father through that Will. Will is valid and court will see to that the Will is effected and nothing else. It has to be probated.

Offline sreesupandi

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Re: will dispute
« Reply #2 on: June 24, 2015, 11:25:07 AM »
To be clear:
Time T0: property A, B existed registered in my grandfathers and grandmothers names
Time T1: property C bought and registered in my father's name, a major then.
Time T2: grandfather and grandmother made Will distributing A and B among four sons, including my father. In same Will grand father claimed C was bought on behalf of my father's name and are giving it to my father's brother. Will is signed by grad father, grand mother, father, father's brother, three witnesses. Will is not registered.
Time T3: grand father passed away.
Time T4: grand mother passed away.
Time T5: now

question: is C a legitimate distribution? If not, is Will good for A and B?

Offline sreesupandi

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Re: will dispute
« Reply #3 on: June 24, 2015, 01:44:43 PM »
T0 is 1975
T1 is 1980
T2 is 1992
T3 is 1996
T4 is 2009
T5 is 2015

Offline kphk

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Re: will dispute
« Reply #4 on: June 25, 2015, 04:00:34 AM »
No C is not a valid bequeath as ur grand parents had already lost title over the property by settling it in your father name. Once they did that there remains no right on their part over the C property for bequeathing it again in the will. The terms in the will to that extent cannot be given effect to. But the will is valid for in respect of other property.

 

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