CONYENCE DEED SUPERSEDES WILL My mother died in 1989 leaving behind 4 sibling, she also left behind a house in Delhi which is built on a leasehold plot (DDA/LNDA) measuring 650 sq. yds. i and one of my brother live outside Delhi. my eldest brother and my elder sister reside in the house my mother left us. 2 years after my mother death my eldest brother who is residing in the house said my mother has left a will in which she has given me only 10% of the property and the balance with the other sibling. I raised a hue and cry over this and after the intervention of some family members and friends it was mutually decided that we all four sibling will have equal share in the property and so accordingly we got the land made freehold from DDA in the year 2006 and a registered conveyance deed was issued to us by DDA wherein we all four sibling become equal but undivided co-owners in the property. in the year 2014 we all decided to rebuild the house into flats. this was when the trouble started. My elder brother and sister who reside in the house in connivance with a builder started saying that i will get only 10% share as per the will of my mother. As far as i understand the WILL of mother of 1989(this will has not been probated till date) is superseded by the registered conveyance deed of 2006 in which i am 25% co-owner. also all the co-owners have signed the conveyance deed. i also feel that now there is no legal validity of the will now.the conveyance deed is no supreme PLEASE advice what is my position in relation to my mother's will of 1989 and the conveyance deed of 2006 and what legal action i can take to safeguard my interest. partition of the property has not been done till date
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1) if the will of 1989 had been genuine your siblings would not have agreed to conveyance being executed in favour of you and your siblings
3) your siblings would have relied on the will to have the house mutated in their names as per the will
3) the fact that for period of 26 years your siblings did not rely upon will casts doubt about the genuineness of the will
4) file suit for partition to claim your share in house as per conveyance deed
1 . Ignore what your siblings are saying now. Once they have signed the conveyance deed they can not now claim larger share on the basis of the Will.
2. With the signing of the partition Dee d they hat transferred their larger share in your fabout from which they can't retract anymore.
3. So now if they deprive you from getting 25% share you can enforce your right.through court if law.
1. The property was a leased property and your mother was a leasee and not absolute owner of the land,
2. So, her will, if any, in connection with the said nlease hold property is invalid,
3. Since probate is not mandatory at Delhi, you can not raise this question,
4. You became the joint owner of the property alongwith your other siblings only after the property was made free hold and DDA registered deed of conveyance was issued in the name of all the co-owners,
5. You are now the joint owner of the said property and your mother's will is invalid for reason stated above.
Upon mutual partition and conveyance subsequent to the controversy will, the will becomes infructuous. Therefore any claim based on the Will now can be held invalid. The builder has got no rights to dictate terms or misguide other siblings. You are entitled to 1/4th share in the property, hence you may apply for partition of the same now if you find your brother is not cooperating.
1. Did a family settlement or relinquishment deed between you and your siblings precede the conveyance deed?
2. Unless your siblings had in writing agreed to give you an equal share in the property the will does not get superseded by the conveyance deed.
3. Your siblings continue to have a legally enforceable share which was given to them by your mother through a will.
4. You get no more than what you get according to the will.
5. The language employed in the sale deed alone leaves a ray of hope for you.
