A family of four has father mother, two sons. All four and two external witnesses signed on all pages of father's will which bequeathed
a) father titled land to both sons; 60% to elder son and 40% to younger son citing use of elder son's dowry for family purpose.
b) mother tiled house to both sons
c) elder son titled plot to younger son; citing use of younger son's dowry for family purpose
Father and Mother expired subsequently.
1 Is Father's bequeathal of house and plot valid even though they were not registered on his name?
2 otherwise, did all four signing on all sheets make bequeathal of house and plot valid.
3 can elder son invalidate bequeathal of plot by selling/transferring it now 20 years since testate's demise?
4 when does the plot get transferred to younger son?
5 does the younger son need elder son's approval/registration to gain rights to plot?
6 Does it matter if the will got registered or not?
7 Does it matter if the properties got mutated or not?
8 Can elder son adeem the plot from the will as per Indian succession Act section 152?
9 Can elder son elect the plot out of the will as per Indian succession Act section 180?
10 Are there any other laws/acts that influence (b) and (c).
Indian Succession Act apply to above bequeathals in the will, 1925 (http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
A) CHAPTER XVI Ademption of Legacies
152. Ademption explained.-If anything which has been specifically
bequeathed does not belong to the testator at the time of his death,
or has been converted into property of a different kind, the legacy is
adeemed; that is, it cannot take effect, by reason of the subjectmatter
having been withdrawn from the operation of the will.
B) CHAPTER XXII Election
180. Circumstances in which election takes place.-Where a person,
by his will, professes to dispose of some thing which he has no right
to dispose of, the person to whom the thing belongs shall elect either
to confirm such disposition or to dissent from it, and, in the latter
case, he shall give up any benefits which may have been provided for
him by the will.