Property Transfer Dispute - Will/Family Settlement/Court Decree
9 months ago
My Grandfather (A) has registered a will for three floor house on 11 Feb 2005. Details of will are as follows:
1. The ground floor shall be inherited by his Son B.
2. First floor shall be inherited by his Son C. He shall not be be entitled to dispose it of but shall be entitled to live in it.
3. Second floor shall be inherited by his Daughter D, who shall be fully entitled to it.
After death of A, we come to know to know that this will was cancelled and new will was registered on 22.12.2017. Details of will are as follows:
1. Clauses for Ground Floor and First Floor are same as old will with no change.
2. Second floor shall be inherited by his Daughter D and his grandson E (Son of B) in equal share and they shall be fully entitled to it. After death of his daughter D, his grandson E shall own/posses/acquire/inherit the whole second floor and Husband of D shall have no right over share of D.
Details of Family:
Both grandfather (A) and grandmother died in 2020.
A has two sons B & C and one daughter D. A died in 2020.
B has one son E and two daughters F & G. B died in 2022.
C has two daughters H & I.
D has no child.
Now there is dispute due to two wills and also sub clause that entitle C to only live and no clarity about further transfer to his daughters.
Now, current family members are agreeable for Ground floor for B, First floor for C & Second floor for D with full entitlement rights to all.
I have following questions w.r.t above property:
1. Can we supersede wills and enter into family settlement with clear entitlement rights. Can this family settlement will be legally valid and property can be transferred on its basis.
2. If yes, then who will be parties in family settlement deed (as B has died in 2022).
3. If family settlement is not possible then please suggest some other way (like court decree, etc) to transfer this property.
From the details of your query, it is not clear whether the probate of the latest Will of the deceased owner/testator is obtained by the executor from a competent court of law. Probate is defined under the Indian Succession Act, 1925 as – “A copy of Will certified under the seal of the court of competent jurisdiction with a grant of administration of the estate of the testator”. The persons named in the will to execute it are called its executors. Probate can be granted only to the executor of the will. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. When the testator does not appoint or mention an executor in a will, the legal heirs of the testator can appoint a person as the administrator of a will. The administrator will have all the rights of the executor to dispose of the property mentioned in the will. When the legal heirs are not able to decide on a person to appoint as an administrator, any one of the legal heirs of the testator can apply to the court for appointing a person as an administrator of the will. Section 213(1) of the Act, 1925 makes it mandatory for every legatee or executor to obtain a Probate of the will or Letter of Administration with the will before they try to execute a will. Otherwise, an executor or legatee cannot establish any right in a court of law pertaining to the concerned will and any estate mentioned therein in the absence of a Probate/Letter of Administration from a court of competent jurisdiction. Answers to all your questions w.r.t the said property may be resolved on mandatory compliance of the above provisions of governing law. Reach out to an Advocate for guidance and steps.
No, you cannot revoke a will.Once it is made, it is final. If a testator makes multiple wills, the latest will that was made would prevail and the earlier wills will be revoked automatically
Thank you
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