Legality of Will from Father to daughter(UnRegistered will made prior to 1994)
2 years ago
My GrandFather made a will for few immovable self acquired properties in the name of my Aunt with proper lawyer consult and witness(not alive anymore) and this was done before 1995 (1984 )and hence not registered the will(which was not mandatory prior to 1995 back then). and due to lack of knowledge my aunt didn't got the katha changed from my grandfather to her name and till date the Pahani(RTC) document continues to be in my grandfather name, but was being taken care by my aunt . she has now applied for the katha change at the village accountant office and now one of her sibling has come forward and objected for the katha transfer and claiming for his share of lands stating the Pahani/RTC is still in their fathers name . However my grandfather has clearly mentioned in will no other sibling has any share in the property and only my aunt has the absolute right on the properties mentioned in the will. only thing my aunt didn't do is register the will or changing the Khata to her name after the demise of my grandfather. Now how should we proceed with the objection from one of her sibling.
isnt the will copy alone is not sufficient to fend off anyone approaching for the share of property?
Would the will now stand legally to get the documents transferred into her name ?
A.Dear Sir,
If contents of Will not used for more than 12 years then it becomes suspicious documents and you can take benefit out of it.
If your sibling has taken this matter to the court then the validity of the will is looked through. Her objects can only occur to the execution of the will or else it is not valid. Legally, your aunt has all the rights as per the law but as the will is unregistered it will take time to prove the validity of it.
Thank you
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