In 1984 and 1991 my father has given 1.18.5 acres of land (from his own earnings) to my sister thru 'Dhana Settlement' documents. Later in 1992 he has written a will in which he erroneously stated that he has given 1.25 acres instead of 1.18.5. My father is no more and being the only son -as per his will- I am the legal heir for his rest of the properties. Even though holding registered documents only for 1.18.50 acres, now my sister is demanding 6.5 cents more from me as per the will. Please advise me whether her demand will be valid in front of court or will it be rejected ?
Dear Client,
If in WILL, father mistakenly mention that he given this much land to daughter and actual figure in mention 'Dhana Settlement' documents. And no bequeath intention from the plain reading of WILL, than it will be taken by court mere error in recording facts, and no intention , She can`t claim.
It is necessary to peruse will to advice
2) if as per regd gift deed daughter had been given 1.18.5 acres she cannot claim 1.25 acres now
3) it appears to be a typographical error in will
You need to prove that the will was erroneous in the court to avoid the share to your sister
This is my response to you:
1. Was the earlier transaction done on paper?
2. If the Will is speaking about the same property then it cannot be given once again;
3. Why will the father again transfer the property which was earlier transferred;
4. Send her a legal notice and await he reply;
5. She can approach court but you should maintain a strong stand that once property is transferred, it cannot be transferred again to the same person.
DId your father made reference to the previous document that through that document he has already given 1.18 of land to sister if so then you can claim that is is typographical error and you donot need and neither your sister can claim the land above the settlement deed her claim shall be rejected.
1. It depends on the wordings used in your father's Will
2. If it refers to a past act, then as per documents executed by your father in his lifetime for dhan settlement for your sister, the quantum of area stated in the document would prevail over the figure stated in the Will
3. If that be so, then your sister cannot claim more area than what was already settled in her favour by your late father in his lifetime
4. Your sister will have to file a suit to claim the excess area and also prove that she is entitled to the same
1) A will be valid document if it is registered with the registrar otherwise not.
Hello,
Since already her share has been given to her therefore any claim made by her now at this stage will be bad in the eyes of law and will not sustain. She can not claim any share in the property that you got by means of a will.
regards
Your sister is entitled to only 1.185 acres of land that your father had gifted her. She cannot claim anything more on account of whatever was erroneously stated in the Will. Her claim will certainly be dismissed.
If she is demanding extra land of property you may ask her to proceed legally through court with her claim and let the court decide.
Actually what is written in the will?
If it is written that she had been given away of her share as per will then she has no further claim and any claim through court also may not be maintainable.
Firslty, your sister is trying to be more smarter than she is not actually.
Secondly, if she has been asking for the same now then relaxed she would be getting anything even if the will say so.
Thirdly, as the limitation period to challenge the will or settlement deed has passed away.
Fourthly, even if the period has not been over then also she sang claim such right as she can’t deny her own settlement deed.
Well, the claim of your sister has no value at all. Since he has already gifted his 1/185 acres pf land to his daughter any subsequent bequest by way of Will whether consciously to by mistake shall have no force.
So you enjoy his remaining property and if your sister wants let her approach the court for relief which you can contest as per its own merit.
Just few lines of the facts may not be helpful to ascertain the outcome of the case. The entire facts, circumstances and the evidences shall determine the outcome. It will be improper at this stage to offer a suggestion that her demand may be rejected.
Can I alone voulunterily approach court with registered documents and the Will claiming that the Will was erroneously mentioned with 1.25 acres instead of 1.18.5 acres and get a judgement ?
Yes you can go before court for declaration of same further you can also keep possession of same and when your sister files you can contest same.
No need. If your sister contests, you can produce the relevant documents in court at that time.
Let sister approach court if she is claiming extra land as per will
1. Let your sister file a claim in court which you can defend
Don't do this mistake.
She needs the relief hence she only has to initiate steps and not you.
Your duty is to wait and watch the situation and challenge her case and claim on merits and documentary evidences in your side.
The will needs to be studied in, details, so as to give legal advise.
Prima facie, it's appears that it is a typographical error and your sister cannot claim it.
Indian Succession Act, 1925, defines “will” to mean the legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death. Testator is the person who wants to make the will in respect of his property. Registration of will is not compulsory.
1) However I wil go with registered WILL as it's legal documents in the eyes of law and could not be challenged easliy.
2) Unregistered WILL can be challenged in the court and need to prove, if it is proved than your latest WILL be applicable.
3) Latest will be valid.
Dear Sir,
You need not do anything and ask her to approach Civil Court. Then as a defendant you can demonstrate how the extent was wrongly mentioned in the Will.
Consult a lawyer before approaching court.
Yes you can