Override unregistered will

5 years ago

Dear Sir
My deceased father left an unregistered will that states I and my brother will inherit his apartment flat after the demise of my mother. My mother who is alive wants to not honour his will but instead wants my 2 sisters to also be added as beneficiary to the property. The nomination on the society records are on my mother and 2 sons names and the transfer of ownership over to us (mother and sons) is still pending. My mother is emotionally forcing us to give up our nomination rights so she can proceed with transfer of ownership process with the society to her name solely. Can my mother be allowed to override my Dad' will and can she proceed with transferring it her name solely?

Thanks

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Shreyash Mohta

Responded 5 years ago

A.Sir your mother cannot over ride the will made by your dad. You can always file for partition suit and apply for injunction against the mother and sisters so that t hey do not transfer the ownership. Execute the will accordingly.
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Shreyash Mohta

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Your mother cannot over ride the terms of Will executed by your father. You may file partition suit and get ex-parte temporary injunction order against your mother and sisters restraining them from executing or getting executed any documents in respect of disputed property.

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Abhimanyu Shandilya

Responded 5 years ago

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A.The answer to your question depends on the fact that how your father acquired that property? If he inherited it then certainly the will is not going to work. If he bought the property from his own earnings meaning that it is a self acquired property then the will holds good and your mother can not do anything about it.

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Rameshwar Dadhe

Responded 5 years ago

A.Without looking any such documents not possible to answer . Properly

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