You do not get any benefits for staying in house for 40 years
2) last over rides earlier registered will
3) however you need the original will .copies of will won’t suffice
Property matter with my cousin
Hi We have a property matter dispute with my cousin residing in Mumbai. I reside with my family (my wife and kid, my younger brother and his wife, and my mother) in Delhi in my late Grandmother's house (grandmother passed away in 2011). Me and my real brother have been residing in this house for 40 years and the mutation in MCD is in my father's name. The regular bills are on my grandmother's name. My father passed away 6 months back. His twin brother passed away last year (my cousin is the only son, he is residing in Mumbai with his wife and mother) My cousin and his mother have a registered will from 2007 wherein they have bene given major share in our Delhi house and few other properties in Delhi and Mumbai. This will was made by them immediately after my grandfather's death. The fitment certificate in this will was signed by my aunty (my cousin's own mother) Now we have few other wills handwritten or notary made in 2010 and 2011 (All wills were made in Mumbai and we do not have the original copies). These wills state that registered will is invalid and that the Delhi house and other property equal share to be given to my cousin and his family. Now my uncle has given one NOC to my father in 2017 given up his rights in 2017 (this is again a photocopy) My father and my uncle had written a letter to society in Delhi that my cousin's mother be kept away from Delhi property and others till they are alive. So the overall matter is a bit complicated in case of a registered will, other wills and documents. I wanted to ask can basis the registered will we be asked to vacate this Delhi property or do we get benefit of having possession of this house for last 40 years. How strong is that that registered will against our possession and other documents.
Asked 2 years ago in Property Law
Religion: Hindu
12 Answers
In the registered will its stated that this house be sold after my grandmother's death (she passed way in 2011) and then major share to be given to my cousin. My cousin filed a petition in court in 2023 that he should be made an an executor to this will.
Asked 2 years ago
Our all photo copies and in 1 handwritten will we have witness too so will that help. We have 1 NOC also (photocopy) with 2 witness In such cases will the court grant decision in favour of my cousin or the court decision will be to settle the case through family settlement
Asked 2 years ago
Object to grant of probate
2) take the plea that registered will has been superseded by later wills
If you have original hand written will attested by 2 witnesses it supersedes earlier wills
if you dont have original how will you prove the later will
All the partition will take place according to your first Registered WILL and other WILL can be probate in the court. Rest of the property which are exempted from WILLs those properties can be partition according to Indian Succession Act.
1. Last WILL of grandmother will only be valid and property shall accordingly be devolved. However, WILL of grandmother shall be required to be proved in terms of law.
2. To prove you claim, you require original WILL. Photocopy of documents are required to be proved in terms of law in order to validate and to establish the Genuity of the same.
3. Residence for 40 years residence does not confer any right.
4. Since property owned by your mother, hence, your uncle does not have any right to execute NOC relinquishing his alleged right in favour of your father. However, if your uncle is beneficiary, then, NOC is valuable.
5. Payment of bills of electricity etc. since inception of property give interference to the title. However, mere bills does not establish tittle.
6. If any settlement is arrived among parties to the suit then on joint request of parties, court can pass consent order and accordingly decree.
If any Will has been made subsequent to previous Will whether registered or unregistered, then the latter only shall be legally valid .
But the problem is that you do not have the original Will and possess only a copy of it, which is not valid legally.
However if he is trying to enforce the Will then you can object to it and you can challenge the same to nullify it based on the documentary evidences in your support.
You participate in the case and file strong objections to nullify the Will, but you should have the original will to supersede this Will.
The photocopies are not admissible as primary evidence even though the witnesses are ready to give testimony to it.
Bequeath of last Will will prevail if it is duly executed. Non registration does not effect validity of Will.
n such cases will the court grant decision in favour of my cousin - All depends on the validity of the Will if it is duly executed.
If witness of hand written Will dispose in your favor, than you have good case.
Court can give decision in your favour
In your case, since you and your brother have been residing in the Delhi house for 40 years and the mutation in MCD is in your father's name, you may have a strong claim of possession based on adverse possession laws. Adverse possession is a legal principle that allows a person who has occupied a property for a certain period of time without the owner's permission to claim legal ownership. The specific requirements for adverse possession vary by jurisdiction, so it's crucial to consult with a lawyer who is familiar with the laws in your area.
Regarding the registered will from 2007, it will be considered as evidence in court, but its validity and enforceability will depend on various factors, including the laws of succession and the specific terms of the will. The court will examine the evidence and consider all the relevant circumstances, including the possession and occupation of the property by you and your family for 40 years.
Additionally, the other wills that were made in 2010 and 2011, stating that the registered will is invalid and that the Delhi house should be shared equally, may also be considered by the court as evidence of the intentions of your father and uncle. However, the court will thoroughly assess the authenticity and validity of these wills, including the circumstances under which they were made.
The photocopies of the wills, the NOC, and the letter to the society may serve as supporting evidence in your case. However, it's important to note that the court will carefully evaluate the authenticity and credibility of these documents.
Ultimately, the court will make a decision based on the evidence presented and the applicable laws. Family settlements can be considered by the court if all parties involved are willing to resolve the matter through negotiation and reach a mutually acceptable agreement. However, if the dispute cannot be settled amicably, the court may have to adjudicate the matter and make a final decision.
- As per law, the registration of a Will is not mandatory , and it can be written on a paper in the presence of two witnesses
- Further, the only last Will written by the testator is valid , and with the execution of a latest Will , all earlier Will extinguished.
- Further , if there is dispute between the legal heirs , then the Will mist be probated from the court.
- Hence, you can object the said Will written in 2007.
