Hello, My father wrote a will to me. 1. The property is inherited through a family settlement memorandum. 2. He has bequeathed his share of the property to me. Later he signed an notarized affidavit (no witnesses) that all the brothers and sisters has rights in the property and he has no objection to forming a charity. No my father passed away. who will get his share of the propery? Does it devolve as per will or can brothers and sisters ask a share based on the affidavit? Please let me know. Thank you for help.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
The affidavit is not a proper document to transfer immovable property from the property owner to any person of his choice.
Also the affidavit is not an alternative nor a codicil to an existing Will.
Therefore the beneficiary of the Will can proceed to enforce the bequest made in the Will as per procedures of law.
The other people so named in the affidavit cannot claim any share in the property on the basis of an affidavit, no such claim is legally tenable.
The will has precedence over the notarized affidavit as the will has been signed and has witnesses to it.
The affidavit has no value.
This will go in dispute. If you want the share you need to prove that the notarized affidavit is not legal and was not executed in sound mind
Affidavit does not supersede the will
property would devolve on you on basis of will
1. the Will would stand
2. the subsequent affidavit made by your father cannot be called a Will, properly so called
3. if you rely on the Will, you will have to prove the Will as per law
4. however the other legal heirs can challenge the Will on the basis of the subsequent affidavit
5. so both the rival parties have to prove their respective cases before the Court. that is, you prove the WILL and the other legal heirs who do not rely on the Will would prove that there is no Will and the estate should devolve by intestate succession and not be testamentary succession
1. Your father has executed a Will bequeathing his entire share of the properties in your favour.
2. There after he has not executed any other codicil in suppression of his first will.
3. Now you shall have to apply for grant of probate of the said Will.
Dear Sir,
- You can challenge the will if understand it is not valid and might be executed under suspicious circumstances.
- Also you can get the stay with immediate effect so that other person would not sell it or carry any liability on the property.
Regards
Vivek Arya
- As per law , a Will can be written on a paper in the presence of two witnesses , and the notarization or registered is not mandatory.
- Further, if he has execute an affidavit for the sharing of his property amongst his legal heirs then it will also considered as a Will
- However, since that affidavit was not executed in the presence of two witnesses , then it has not legal value in the eye of law, and the said Will in your favor will be enforceable legally , and the other legal heirs cannot claim any right in the property on the ground of that Affidavit.
Good luck and don't forget to rating positively.
