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Father wants to change his will Father wants to change his will

3 years ago

My papa is 89 years old. Sometime back when his health was good he gave one of his flat to his son . Now when papa is not at all well and when he needs good medical treatment , his son is not taking care of him. My dad is with his daughter from the last 7 years.now he wants his flat back, but registry of the flat is on his son's name.what we should do now

Adv. Sarika Khude

Responded 3 years ago

A.the person can change his will any time before he dies.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir
Father during his lifetime can change his Will any number of time .
Give me RANK FIVE (5) if my answer satisfies you
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DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client,
Good Wishes,
As per the information you have given, The will can cancel, alter at any time in the life time of executant, Your father can approach the respective registrar office and cancel the said will deed.
Regards
Diyavar Hussain
Advocate
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Farheen Qureshi

Responded 3 years ago

A.A person can change his will any time before he dies,however last will made by him before death shall be considered valid.
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Sarthak Nayar

Responded 3 years ago

A.It appears that your father has already given the said flat to his son as it has been registered therefore this is not a case of WILL. Your father must have given him the said flat by way of a Gift deed. There is a provision of cancellation of Gift deed but it has to be done within 3 years of the execution of the gift deed or discovery of fact.
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Rameshwar Dadhe

Responded 3 years ago

A.Yes you can do it any time. By revocation of gifts deed
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir
Your father may approach assistant commissioner(revenue) who is Nodal officer and get back that property to his name
Please give me RANK FIVE (5) if my answer satisfies you.
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Suneel Moudgil

Responded 3 years ago

A.when was the registry done?
1. your father can file a complaint under the maintenance & welfare of the parents & senior citizen act to set aside the registration of the flat, and also can evict them from the flat

The Delhi High Court had ruled in 2016 that an adult son had no legal claim on his parents' self-acquired property. “Where the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow” said the order.

do contact me for a detailed discussion
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Jagannath S Pawar

Responded 3 years ago

A.If Gift Deed mentions such condition that he should look after father well during life time but he is not doing so then father has d option to revoke gift deed through legal process.
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Kanchan Kumari

Responded 3 years ago

A.If the flat is self earned property by ur dad then he can take it back by cancelling his will. He can make a new will and cancel earlier made will.
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