Will Will

3 years ago

My Father wrote a will in 2001 on my name and registered it, later in 2007 he gifted his properties to my step mother and her daughter and registered the documents. Is that will now valid? How can I get those properties.

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.gift deeds are also registered.
so they are valid.
a WILL can be changed anytime so your father thought he will change it later or he did with complete intention and knowledge.
you can challenge but success is remote.
they can come for settlement also.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.यदि आप के पिता ने वसियत करने के बाद दान पत्र लिख दिया है।ओर दान पत्र करते समय दान पत्र मे वसियत का वर्णन नही किया है या उसको निरस्त नही किया है तब आप दिवानी कोर्ट मे दान पत्र को चुनोती दे सकते हो।
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If the will was already made then it has to be preserved by your father. But now he failed to do so and made the gift then you can only challenge the gift made if it is not made according to law and there was not a free consent. After that the property will be divided according to the will.
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Anik

Responded 2 years ago

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A.Hi,
Will comes into action after the death of person who made the will. You can challenge the gift made if that gift becomes invalid then you may get the property through will. But for that you need to prove the gift was not made with consent of your father.
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Tanmoy Chattopadhyay

Responded 2 years ago

A."Will" only takes effect after the death of the testator. If the testator have not respected the sanctity of the 'Will" by preserving the property then there is very little which can be done by the beneficiary by the "Will". But if you have reasons to believe that the gift itself is executed in a malafide manner and not as per the free will of your father then the same can be challenged by you and the gift deed can be set aside and if that is done then the will be revived and you will get your property.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
If your father not alive then Will is valid since it was executed before gift deed.
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