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Unregistered will - my mother gave me her agricultural land
2 years ago
Dear Sir my mother gave me her agricultural land through a un egistered will (witnesses are available) in the year 2004 as I served her for more than 12 years. after her death, all records were transferred in my name in 2005. In 2020 I gifted the same to my wife through registration. Now my brother claims that he has the legal share in that property. Will he get share through court?
A.Dear Sir,
In the meanwhile make it very complicated and sell the property to some other person and thus your brother may not get any share.
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A.Dear Client
The question here is how did your mother get the land in her name. If it was acquired by her in her name then she had all the rights to dispose the property and her action of gifting the property to you cannot be challenged.
If it came to her as an ancestral property then your brother does have a right in that.
The question here is how did your mother get the land in her name. If it was acquired by her in her name then she had all the rights to dispose the property and her action of gifting the property to you cannot be challenged.
If it came to her as an ancestral property then your brother does have a right in that.
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A.Dear Client,
The Indian Succession Act defines a “Will” as the "legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death". Thus, even an unregistered will that has been properly executed is a valid instrument in the eyes of law. So, your brother cannot claim that property.
Thank you
The Indian Succession Act defines a “Will” as the "legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death". Thus, even an unregistered will that has been properly executed is a valid instrument in the eyes of law. So, your brother cannot claim that property.
Thank you
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